O. Matthew Thomas v. San Francisco Travel Association

Filing 35

ORDER RE: REQUEST FOR WITHDRAWAL BY PLAINTIFF'S COUNSEL. Signed by Judge Yvonne Gonzalez Rogers on 10/8/15. (fs, COURT STAFF) (Filed on 10/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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O. MATTHEW THOMAS,

Case No. 14-cv-03043-YGR

Plaintiff,
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v.

ORDER RE: REQUEST FOR WITHDRAWAL
BY PLAINTIFF’S COUNSEL

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SAN FRANCISCO TRAVEL ASSOCIATION,

Re: Dkt. No. 26

Defendant.

United States District Court
Northern District of California

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TO PLAINTIFF AND HIS COUNSEL OF RECORD ELIAS FRANCISCO PORTALES:

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On August 10, 2015, plaintiff filed a “proposed order,” apparently seeking the withdrawal

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of his counsel, Elias Francisco Portales. (Dkt. No. 26.) Going forward, according to the

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“proposed order,” plaintiff seeks to represent himself in pro per. (Id.) If counsel seeks to

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withdraw from his representation of plaintiff, a motion for withdrawal must be filed. The Court

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notes, however, that the caption of the complaint lists the plaintiff as “O. MATTHEW THOMAS,

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an individual, dba VISIT SAN FRANCISCO, LLC.” Thus, the Court is concerned that the real

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party in interest may be the registered corporation referenced, and not solely an individual. As

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such, any motion to withdraw shall address why withdrawal is appropriate under these

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circumstances. See Civ. L.R. 3-9(b) (“A corporation, unincorporated association, partnership or

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other such entity may appear only through a member of the bar of this Court.”); see also id. at 5-

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1(c)(2)(D), 11-5. If counsel no longer seeks to withdraw in light of these circumstances, he shall

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file a statement to that effect by October 15, 2015.

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IT IS SO ORDERED.
Dated: October 8, 2015
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE