Levy v. Prevacus, Inc.

Filing 46

ORDER by Judge Kandis A. Westmore denying Matthew W. Bennett's 41 Motion for Pro Hac Vice for failure to comply with Civil Local Rule 11-3. (kawlc1, COURT STAFF) (Filed on 4/10/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL E. LEVY, Plaintiff, 8 v. 9 10 PREVACUS, INC., et al., Defendants. United States District Court Northern District of California 11 Case No. 4:16-cv-01555-KAW ORDER DENYING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE; ORDER REGARDING PENDING MOTIONS TO DISMISS Re: Dkt. No. 41 12 13 On March 27, 2017, attorney Matthew W. Bennett filed an application for admission pro 14 hac vice, pursuant to Civil Local Rule 11-3, so that he may represent corporate defendant 15 Prevacus, Inc. (Dkt. No. 41.) Mr. Bennett, however, did not attach “a true and correct copy of a certificate of good 16 17 standing or other similar official document issued by the appropriate authority governing attorney 18 admissions for the relevant bar.” Civil L.R. 11-3(a). Instead, he attached a print out from the 19 Florida State Bar’s website. This is insufficient. Moreover, Mr. Bennett did not engage local 20 counsel, which is also required for admission. Civil L.R. 11-3(a)(3) (“That an attorney, identified 21 by name and office address, who is a member of the bar of this Court in good standing and who 22 maintains an office within the State of California, is designated as co-counsel.”). Accordingly, 23 Mr. Bennett’s application for admission pro hac vice is DENIED. 24 /// 25 /// 26 /// 27 /// 28 /// 1 Furthermore, since Prevacus, Inc. cannot appear pro se, and is not currently represented by 2 an attorney authorized to practice law in the Northern District of California, it cannot join in the 3 pending motions to dismiss. (See Dkt. Nos. 42 & 43.) Therefore, the Court will consider the 4 pending motions brought solely on behalf of Plaintiff Jake VanLandingham. 5 6 IT IS SO ORDERED. Dated: April 10, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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