John Edward Robinson et al v. Wells Fargo Home Mortgage et al

Filing 45

ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 42 Administrative Motion ; Setting Haring Regarding Request to Withdraw. Motion Hearing set for 1/10/2017 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Amended Complaint file 1/3/17. (fs, COURT STAFF) (Filed on 12/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN EDWARD ROBINSON, ET AL.,

Case No. 16-cv-01619-YGR

Plaintiffs,
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v.
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WELLS FARGO HOME MORTGAGE, ET AL.,
Defendants.

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ORDER GRANTING IN PART AND DENYING
IN PART ADMINISTRATIVE MOTION;
SETTING HEARING REGARDING REQUEST
TO WITHDRAW
Re: Dkt. No. 42

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United States District Court
Northern District of California

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On November 3, 2016, the Court granted defendants’ motion to dismiss plaintiff’s
complaint, granting leave to file an amended complaint by November 24, 2016. (Dkt. No. 38.)
On November 22, 2016, plaintiffs filed an administrative motion seeking an extension of time to
file an amended complaint, citing as a reason a “breakdown of communications” between

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plaintiffs and counsel. (Dkt. No. 40.) The Court granted such motion and set December 16, 2016
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as the new deadline for the filing of an amended complaint. (Dkt. No. 41.)
On December 10, 2016, plaintiffs filed another administrative motion seeking three more
weeks to file an amended complaint, again citing a break in communication. (Dkt. No. 42.)

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Additionally, plaintiffs’ counsel in the same motion requested leave to be relieved as counsel, and

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has represented that plaintiffs would object to her withdrawal as such. (Id.) Defendants oppose

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granting an extension of time to file an amended complaint. (Dkt. No. 44.) Having carefully

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considered the papers submitted and for good cause appearing, the Court ORDERS as follows:

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The Court DENIES plaintiffs’ counsel’s request to withdraw. Counsel must file a proper
motion to withdraw her representation by Tuesday, December 20, 2016, including a declaration
indicating that she has: (1) spoken directly with plaintiffs about their case generally, answering
their questions regarding the status of the proceedings; (2) discussed the delivery of any legal files

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to plaintiffs and other consequences of counsel’s withdrawal in this matter; and (3) informed
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plaintiffs of the deadlines set forth herein, as well as the date, time, and location of the hearing on

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counsel’s motion to withdraw set forth below. Additionally, counsel must provide the Court with

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plaintiffs’ current address and contact information. Counsel shall also submit proof of service of a

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notice to plaintiffs stating the effects of a withdrawal of counsel:

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NOTICE TO CLIENT WHO WILL BE UNREPRESENTED

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You will not have an attorney representing you. You may wish to seek
legal assistance. If you do not have a new attorney to represent you in this action
or proceeding, and you are legally permitted to do so, you will be representing
yourself. It will be your responsibility to comply with all court rules and
applicable laws. If you fail to do so, or fail to appear at hearings, action may
be taken against you. You may lose your case.

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United States District Court
Northern District of California

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If you do not keep the Court and other parties informed of your current
address and telephone number, they will not be able to send you notices of actions
that may affect you, including actions that may adversely affect your interests
or result in your losing your case.

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Any opposition to counsel’s motion to withdraw must be filed no later than January 3,
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2017. A hearing on this motion will be set for Tuesday, January 10, 2017 at 2:00 p.m., in the
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Federal Building, 1301 Clay Street, Oakland, California, Courtroom 1. If the motion is opposed,
plaintiffs and counsel must appear personally.

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The amended complaint shall also be filed no later than January 3, 2017.

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This terminates Docket Number 42.

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IT IS SO ORDERED.

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Dated: December 15, 2016

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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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