O'Shea et al v. 24 Hour Fitness USA, Inc.

Filing 21

ORDER TO SHOW CAUSE re: 14 MOTION for leave to appear in Pro Hac Vice for Rafey Balabanian. Show Cause Response due by 5/26/2016.. Signed by Judge Jeffrey S. White on 5/19/16. (jjoS, COURT STAFF) (Filed on 5/19/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN O'SHEA, et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-01668-JSW v. 24 HOUR FITNESS USA, INC., Defendant. ORDER TO SHOW CAUSE RE PRO HAC VICE APPLICATION OF RAFEY S. BALABANIAN, ESQ. Re: Dkt. No. 14 12 13 14 15 16 17 18 19 20 21 22 23 24 Rafey S. Balabanian, Esq., has filed an application for admission pro hac vice. This Court’s Civil Local Rule 11-3(b) provides: Disqualification from Pro Hac Vice Appearance. Unless authorized by an Act of Congress or by an order of the assigned judge, an applicant is not eligible for permission to practice pro hac vice if the applicant: (1) Resides in the State of California; or (2) Is regularly engaged in the practice of law in the State of California. This disqualification shall not be applicable if the pro hac vice applicant (i) has been a resident of California for less than one year; (ii) has registered with, and completed all required applications for admission to, the State Bar of California; and (3) Has officially registered to take or is awaiting his or her results from the California State Bar exam. N.D. Cal. Civil L.R. 11-3(b). With regard to Mr. Balabanian’s residence, the address of record listed on Mr. 25 Balabanian’s pro hac vice application is in San Francisco, California. The telephone number of 26 record listed on Mr. Balabanian’s application is (415) 212-9300, which is a San Francisco, 27 California number. Additionally, the Court takes judicial notice of the fact that Mr. Balabanian’s 28 telephone number listed on his law firm’s web page is (415) 234-5342, which is also in San 1 2 Fra ancisco, Cali ifornia. See https://www w.edelson.co om/team/rafe ey-s-balaban nian/ With re egard to whe ether Mr. Bal labanian is r regularly eng gaged in the practice of l in the law 3 Sta of Califor ate rnia, a search of this Cou h urt’s electron filing system indicat that Mr. B nic tes Balabanian 4 is listed as an attorney in fi cases, in l a ifty ncluding this case, filed i this Court between 20 and the s in t 008 5 pre esent. The Court is not aware of whe C a ether Mr. Ba alabanian practices in ot ther federal o state or 6 cou in the St of Califo urts tate ornia. 7 Accord dingly, Plaint tiffs are HER REBY ORD DERED TO S SHOW CAU why the Court USE e 8 sho ould not deny Mr. Balabanian’s appl lication for a admission pr hac vice p ro pursuant to C Civil Local 9 Ru 11-3(b). See generall Ang v. Bim Bakerie USA, Inc., No. 13-cv-01196-WHO 2015 WL ule ly mbo es , O, 147 74866, ** 2- (N.D. Cal Jan. 14, 20 -3 l. 015) (overrul ling objectio to pro ha vice appli ons ac ication); 11 United States District Court Northern District of California 10 Gu uguni v. Cher rtoff, No. C-08-1850 JL, 2008 WL 2 , 2080788, * 1 (N.D. Cal. 2008) (vaca ating order 12 gra anting applic cation to app pro hac vice). pear 13 By May 26, 2016, Plaintiffs sha either file a response to this order to show ca y P all e r ause or 14 wit thdraw Mr. Balabanian’s pro hac vic applicatio If Plainti elect to f a respon to the B s ce on. iffs file nse 15 ord to show cause, Defen der c ndant may re espond to Pla aintiffs’ filin by June 2 2016. By June 9, ng 2, 16 201 Plaintiffs may file a reply to any response fil by Defen 16, s led ndant. The m matter shall b submitted be d 17 upo the filing of Plaintiffs reply, unle the Cour schedules a hearing. on s’ ess rt 18 19 S RED. IT IS SO ORDER Da ated: May 19 2016 9, 20 21 JE EFFREY S. W WHITE Un nited States D District Judg ge 22 23 24 25 26 27 28 2

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