Elena Del Campo v. American Corrective Counseling

Filing 762

STIPULATION AND ORDER GRANTING Request of Withdrawal of Jenkins Goodman Neuman & Hamilton LLP as Counsel of Record For Bankrupt Defendant filed by American Corrective Counseling Services Inc re 755 Declaration. Motions terminated: 752 MOTION to Withdraw as Attorney And Request For An Order Permitting Withdrawal of Jenkins Goodman Neuman & Hamilton LLP as Counsel of Record For Bankrupt Defendant filed by American Corrective Counseling Services Inc. Attorney Charles Edward Perkins; Charles D. Jenkins and Dan Day Kim terminated. Signed by Judge James Ware on 5/20/2009. (ecg, COURT STAFF) (Filed on 5/20/2009)

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1 CHARLES D. JENKINS - SBN 114897 DAN D. KIM - SBN 212577 2 JENKINS GOODMAN NEUMAN & HAMILTON LLP 417 Montgomery Street, 10 Floor Telephone: 415-705-0400 th UNIT ED 3 San Francisco, California 94104 4 Facsimile: 415-705-0411 5 DAVID L. HARTSELL MCGUIREWOODS LLP S S DISTRICT TE C TA Chicago, IL 60601 Facsimile: 312-849-3690 8 SUSAN L. GERMAISE SBN 176595 9 MCGUIREWOODS LLP 1800 Century Park East, 8th Floor 10 Los Angeles, CA 90067 Telephone: 310-315-8200 11 Facsimile: 310-315-8210 ER N D IS T IC T R OF 12 Attorneys for Defendant AMERICAN CORRECTIVE COUNSELING 13 SERVICES, INC. 14 15 16 ELENA DEL CAMPO, et al. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH 17 Plaintiffs, No. C 01-21151 JW PVT vs. STIPULATION IN SUPPORT OF NOTICE OF WITHDRAWAL AND REQUEST FOR AN ORDER PERMITTING WITHDRAWAL OF JENKINS GOODMAN NEUMAN & HAMILTON LLP AS COUNSEL OF RECORD FOR BANKRUPT DEFENDANT AMERICAN CORRECTIVE COUNSELING SERVICES, INC. PURSUANT TO LOCAL 11-5 18 19 AMERICAN CORRECTIVE 20 COUNSELING SERVICES, INC., et al. 21 22 23 24 Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 (415) 705-0400 Defendants. Plaintiff Elena del Campo and other similarly situated consumers ("Plaintiffs"), 25 Defendant American Corrective Counseling Services, Inc. ("Defendant ACCS"), and 26 1 STIPULATION IN SUPPORT OF WITHDRAWL C 01 21151 JW A C 5/20/2009 LI 7 Telephone: 312-849-8100 FO 6 77 W. Wacker Drive, Suite 4100 mes Wa Judge Ja re R NIA OO IT IS S RDERE D RT U O NO RT H 1 Defendants Don R. Mealing; Lynn R. Hasney; Fulfillment Unlimited, Inc.; Fundamental 2 Strategies and ACCS Administration, Inc. ("Mealing Defendants"), collectively referred to 3 herein as the "Parties", through their counsel, hereby stipulate as follows: 4 1. Charles D. Jenkins ("Mr. Jenkins") and Dan Day Kim ("Mr. Kim") are 5 affiliated with Jenkins Goodman Neuman & Hamilton LLP ("JGNH"), which with other 6 counsel, currently serves as counsel of record for Defendant ACCS in the above entitled 7 action ("subject action"). JGNH, including Messrs. Jenkins and Kim, has represented 8 Defendant ACCS since 2002. Throughout this period of representation, Mr. Kim has 9 always been associated with JGNH and has never represented any party in the subject 10 action independent of his association with JGNH. 11 2. Paul Arons of the Law Offices of Paul Arons ("Mr. Arons"), among other 12 counsel, currently represents Plaintiffs in the subject action. 13 3. Hugh Verano of Verano & Verano ("Mr. Verano") currently represents the 14 Mealing Defendants in the subject action. Mr. Verano first appeared as counsel of record 15 on or about December 8, 2008. At that time Mr. Verano appeared for the Mealing 16 Defendants only and substituted in for the Mealing Defendants' former counsel, Ross 17 Dixon & Bell by Timothy Irving and Lindsey Reese. Mr. Verano has never and does not 18 currently represent Defendant ACCS in this action. 19 4. On or about January 19, 2009, Defendant ACCS filed for bankruptcy in the 20 Delaware Bankruptcy Court. JGNH, including Messrs. Jenkins and Kim, have sought to 21 withdraw as counsel of record for Defendant ACCS as set forth in the Notice of 22 Withdrawal And Request For An Order Permitting Withdrawal Of Jenkins Goodman 23 Neuman & Hamilton LLP As Counsel Of Record Pursuant To Local Rule 11-5 ("Notice 24 and Request"), filed on or about May 4, 2009 (Document No. 752). Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 (415) 705-0400 25 26 5. Following said filing, it has come to the Parties' attention that the Court's 2 STIPULATION IN SUPPORT OF WITHDRAWL C 01 21151 JW 1 record inadvertently contains various inaccuracies concerning the representation of certain 2 parties; more specifically, what parties are currently represented by JGNH, including 3 Messrs. Jenkins and Kim. It is necessary for the Parties to clarify for the Court JGNH's 4 current representation in order for the Court to rule on JGNH's Notice and Request. This 5 stipulation is designed for that purpose. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 6. The Parties are clear in their understanding and represent to this Court that: a. Former Defendant Bruce Raye, the individual, is no longer a defendant in the subject action. Plaintiffs did not name Mr. Raye as a defendant in either of the Consolidated Complaints, filed on May 1, 2006 (Document No. 196) or on December 12, 2006 (Document No. 283). Accordingly, JGNH is not counsel of record for Mr. Raye and need not seek permission to withdraw from said representation at this time. b. JGNH, including Messrs. Jenkins and Kim, do not currently represent any of the Mealing Defendants. JGNH, including Messrs. Jenkins and Kim, currently only represents Defendant ACCS in the subject action. Accordingly, in seeking permission to withdraw from representing any party in the subject action, it is only from representation of Defendant ACCS that JGNH, including Messrs. Jenkins and Kim, must seek permission form this Court to withdraw as counsel of record. 7. Counsel for Plaintiffs and counsel for the Mealing Defendants do not object 21 to the withdrawal of JGNH, including Messrs. Jenkins and Kim, from its representation of 22 Defendant JGNH. Said withdrawal only impacts bankrupt Defendant ACCS, which is still 23 represented by McGuire Woods, LLP, and does not otherwise disturb the representation of 24 Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 (415) 705-0400 25 / / / 26 3 STIPULATION IN SUPPORT OF WITHDRAWL C 01 21151 JW 1 any of the other parties in the subject action. 2 3 4 5 Date: May 15, 2009 6 7 8 9 Date: May 15, 2009 10 11 12 Date: May 15, 2009 13 14 15 16 17 18 19 20 Dated: May 20, 2009 IT IS SO ORDERED: The Court GRANTS the Stipulation. The Motion to Withdraw (Docket Item No. 52) is found a MOOT. f:\docs\cdj\delcampo\motions\motion to withdraw\stipulation withdraw.doc SO STIPULATED: The Law Offices of Paul Arons By: /s Paul Arons___ Paul Arons Verano & Verano By: /s Hugh Verano____ Hugh Verano Jenkins Goodman Neuman & Hamilton LLP By: __/s Charles D. Jenkins Charles D. Jenkins 21 22 23 24 Jenkins Goodman Neuman & Hamilton LLP 417 Montgomery St. th 10 Floor San Francisco, CA 94104 (415) 705-0400 ______________________________________ United States District Judge 25 26 4 STIPULATION IN SUPPORT OF WITHDRAWL C 01 21151 JW

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