Cleveland v. Isabella's At Wharfside, Inc. et al

Filing 24

ORDER by Judge Whyte granting 19 Motion to Withdraw as Attorney. Attorneys Todd Kenneth Boyer and Brian T. McMillian terminated. (rmwlc2, COURT STAFF) (Filed on 4/2/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel for defendants Isabella's at Wharfside, Inc. ("Isabella's") and Tene Shake moves to withdraw as attorneys of record. Defense counsel testifies that his clients breached an agreement regarding the payment of fees and costs. Under California Rule of Professional Conduct 3700(C)(1)(f), counsel may seek permissive withdrawal if the client "breaches an agreement or obligation to the member as to expense or fees." Accordingly, the court grants the motion to withdraw. It is hereby ordered that Littler Mendelson, a Professional Corporation, including Todd K. Boyer and Brian McMillan, be granted permission to withdraw from this case as attorneys representing Isabella's and Tene Shake. The address at which defendants Isabella's and Tene Shake will receive service is: 1410 Manor Rd. Monterey, CA 93940, unless otherwise advised in writing by defendants.
ORDER GRANTING MOTION TO WITHDRAW--No. C-09-02376 RMW CCL

E-FILED on

4/2/10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

TIMOTHY CLEVELAND, Plaintiff, v. ISABELLA'S AT WHARFSIDE, INC., TENE SHAKE, and CITY OF MONTEREY, Defendants.

No. C-09-02376 RMW ORDER GRANTING MOTION TO WITHDRAW [Re Docket No. 19]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

As a corporation, Isabella's may not appear pro se. Civil L.R. 3-9(b). It must obtain new counsel and direct its new counsel to file a notice of appearance by May 14, 2010. If no appearance is made by May 14, 2010, Isabella's will be subject to having its answer stricken and default entered against it.

DATED:

4/2/10

RONALD M. WHYTE United States District Judge

ORDER GRANTING MOTION TO WITHDRAW--No. C-09-02376 RMW CCL 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been sent to: Counsel for Plaintiff: Celia Louise McGuinness Paul Leslie Rein Defendants: Tene Shake Isabella's at Wharfside, Inc. 1410 Manor Rd. Monterey, CA 93940 Counsel for Defendants: Todd Kenneth Boyer Claudia Leed Louis A. Leone [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

4/2/10

CCL Chambers of Judge Whyte

ORDER GRANTING MOTION TO WITHDRAW--No. C-09-02376 RMW CCL 3