v. Destruction of Firearms and Ammunition

Filing 14

ORDER by Judge Whyte denying 11 Motion to Withdraw as Attorney. (rmwlc1, COURT STAFF) (Filed on 11/4/2009)

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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 DATED: 11/4/09 RONALD M. WHYTE United States District Judge On October 27, 2009 Orrick, Herrington, & Sutcliffe ("Orrick") moved to withdraw as Kevin Dugan's ("Dugan") counsel in this action. The court applies California's Rules of Professional Conduct to determine whether withdrawal is proper. E.g., Cal. Native Plant Soc'y v. U.S. E.P.A., 2008 WL 4911162, *1 (N.D. Cal. Nov. 14, 2008); Elan Transdermal Ltd. v. Cygnus Therapeutic Systems, 809 F. Supp. 1383, 1387 (N.D. Cal. 1992). The motion to withdraw does not set forth any basis for the motion to withdraw besides the fact that Orrick is no longer representing Dugan in his related criminal appeal. Furthermore, it does not appear from the motion to withdraw that Dugan has been served with the motion. Orrick's motion to withdraw is denied without prejudice. IN RE: DESTRUCTION OF FIREARMS AND AMMUNITION No. C-09-80136 MISC RMW ORDER DENYING MOTION TO WITHDRAW [Re Docket No. 11] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 11/4/09 ORDER DENYING MOTION TO WITHDRAW--No. C-09-80136 MISC RMW AKT 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 United States: David Countryman Brian Joseph Stretch david.countryman@usdoj.gov brian.stretch@usdoj.gov Counsel for Interested Party: Alyson C Decker Interested Party: Kevin Dugan No. 99865-111 FCI La Tuna P.O. Box 3000 Anthony, TX 88061 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. adecker@orrick.com Dated: 11/4/09 CCL Chambers of Judge Whyte ORDER DENYING MOTION TO WITHDRAW--No. C-09-80136 MISC RMW AKT 2

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