Goodard v. Google, Inc.

Filing 59

ORDER BY JUDGE JEREMY FOGEL GRANTING 56 MOTION TO WITHDRAW AS ATTORNEY. (jflc2, COURT STAFF) (Filed on 4/16/2009)

Goodard v. Google, Inc.

Doc. 59

1 Ethan Preston (pro hac vice) 1738 West Wabansia 2 Chicago, IL 60622 [phone] 3 [e-mail] 4 5 6 7 8 9

**E-Filed 4/16/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. 08-02738 (JF) Judge Jeremy Fogel NOTICE OF MOTION; MOTION TO WITHDRAW AS ATTORNEY; NOTICE OF LODGING ---------------PROPOSED ORDER GRANTING MOTION TO WITHDRAW

10 JENNA GODDARD, an individual, on her own behalf and on behalf of all others similarly 11 situated, 12 13 v. P lain tif f

14 GOOGLE, INC., a Delaware corporation, 15 16 17 Defendant.

NOTICE OF MOTION NOTICE IS HEREBY GIVEN that Movant Ethan Preston will move the Court,

18 pursuant to Local Rule 11-5, to withdraw as attorney in the above-captioned case on May 1, 19 2009, at 9:00 a.m., or as soon thereafter as counsel may be heard by the above-entitled Court, 20 located at 280 South 1st Street, San Jose, California 95113, in Courtroom 3, 5th Floor, before 21 the Honorable Jeremy Fogel. 22 23 MOTION TO WITHDRAW AS ATTORNEY Pursuant to Local Rule 11-5, Ethan Preston ("Movant") hereby notifies the parties and

24 the Court of his intent to withdraw as attorney of record for Plaintiff Jenna Goddard, and 25 moves the Court to permit this withdrawal. Movant states the following grounds for this 26 27 28 notice and motion: 1. Movant appeared pro hac vice in this matter by the Court's order dated

October 10, 2008.
Motion to Withdraw No. 08-02738 (JF)

Dockets.Justia.com

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2.

Movant represented Jenna Goddard as part of his employment at

KamberEdelson, LLC. Movant is no longer an employee of KamberEdelson, LLC. KamberEdelson, LLC, continues to represent Plaintiff Joel Griffiths. Michael McMorrow and Alan Himmelfarb have entered appearances in this action and are actively involved in this matter. Ms. Goddard continues to receive notice of these proceedings (including this Motion) through service on KamberEdelson, LLC. 3. Movant's withdrawal will not cause any prejudice or delay in this case. There

is no pending deadline for any party in this case. All parties have counsel active in their representation, who will not require any additional time to review this case. 4. Movant conferenced with the Court's staff on March 17, 2009 and learned

that the Court would have accepted a notice of disassociation in lieu of the present Motion. Movant filed a notice of disassociation on March 17, 2009. Despite this conference, Plaintiff's remaining counsel have sought for Movant to file a formal motion to withdraw. 5. Given the insubstantial nature of this Motion and the burden for all parties of

traveling to the Court and attending a hearing on this Motion, Movant respectfully requests that the Court waive oral argument on this Motion. THEREFORE, Movant Ethan Preston respectfully requests the Court waive oral argument on this motion, and moves the Court for leave to withdraw as an attorney in the above-captioned matter, and for an order stating that Movant has so withdrawn as an attorney in the above-captioned matter. NOTICE OF LODGING PROPOSED ORDER Pursuant to General Order No. 45(VIII), Movant lodged with the Court the order below by emailing a Microsoft Word version of the order below to "[e-mail]." See U.S. District Court for the Northern District of California, How do I...? / Where do I...?, at https://ecf.cand.uscourts.gov/cand/faq/how_do_i/how_do_i.htm (last updated Jun. 6, 2007).

Motion to Withdraw

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No. 08-02738 (JF)

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Dated: March 18, 2009 By: s/Ethan Preston Ethan Preston 1738 West Wabansia Chicago, IL 60622 [phone] [e-mail]

Motion to Withdraw

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No. 08-02738 (JF)

1 Ethan Preston (pro hac vice) 1738 West Wabansia 2 Chicago, IL 60622 [phone] 3 [e-mail] 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. 08-02738 (JF) Judge Jeremy Fogel ------------------ ORDER [PROPOSED] GRANTING MOTION TO WITHDRAW

10 JENNA GODDARD, an individual, on her own behalf and on behalf of all others similarly 11 situated, 12 13 v. P lain tif f

14 GOOGLE, INC., a Delaware corporation, 15 16 Defendant. Ethan Preston's Motion to Withdraw came on for hearing before this Court, and all

17 parties being represented by counsel. The Court having reviewed the Motion, and after 18 consideration of all papers filed by the parties, and all other matters presented to the Court, the 19 Court finds that it should grant the Motion. IT IS HEREBY ORDERED THAT Movant Ethan 20 Preston's request for waiver of oral argument is GRANTED, the Motion for Leave to 21 Withdraw is GRANTED, and Movant is terminated as counsel in this proceeding by this 22 Order. 23 Dated: 4/16/09 24 25 26 27 28
[Proposed] Order Granting Motion to Withdraw No. 08-02738 (JF)

Hon. Jeremy Fogel United States District Judge