McAfee et al v. Francis

Filing 48

ORDER granting 36 MOTION of Rod K. Tanner to Withdraw as Attorney; and granting 45 Request for Additional Time to Respond to Defendant Neptune's Account's Motion to Quash and Dismiss. Hearing on Defendant Francis' Motion to Dismiss continued to 3/1/2012 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Signed by Judge Lucy H. Koh on 12/5/11. (lhklc3, COURT STAFF) (Filed on 12/5/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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JIMMY J. McAFEE, et. al.,
Plaintiffs,

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v.
THOMAS FRANCIS, et. al.,
Defendants.

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Case No.: 5:11-CV-00821-LHK
ORDER GRANTING MOTION OF ROD
K. TANNER TO WITHDRAW
APPEARANCE; CONTINUING
HEARING ON DEFENDANT FRANCIS’
MOTION TO DISMISS; AND
GRANTING PLAINTIFFS’ REQUEST
FOR EXTENSION OF TIME TO
RESPOND TO DEFENDANT
NEPTUNE’S ACCOUNT’S MOTION TO
QUASH AND DISMISS

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On November 1, 2011, Attorney Rod K. Tanner (“Tanner”), Counsel of Record for

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Plaintiffs Jimmy J. McAfee, Jayna Sutherland, and Mona Sutherland (collectively “Plaintiffs”) in

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this action, filed a Motion to Withdraw Appearance. See ECF No. 36. Tanner’s stated grounds for

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his motion to withdraw are, inter alia, Plaintiffs’ refusal to pay compensation for his legal services

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and refusal to consent to his withdrawal. See Mot. at 3-4. Plaintiffs subsequently consented on

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November 24, 2011 to substitution of Mark Lapham as counsel of record in place of Tanner. See

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ECF No. 46.

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The Court finds this matter appropriation for resolution without oral argument. See Civil
L.R. 7-1(b). The hearing on the Motion to Withdraw set for December 8, 2011 at 1:30 p.m. is
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Case No.: 5:11-cv-00821-LHK
ORDER GRANTING ATTORNEY TANNER’S MOTION TO WITHDRAW; AND CONTINUING HEARING ON
DEFENDANT FRANCIS’ MOTION TO DISMISS; AND GRANTING PLAINTIFFS’ REQUEST FOR
EXTENSION OF TIME TO RESPOND TO DEFENDANT NEPTUNE’S ACCOUNT’S MOTION TO QUASH AND
DISMISS

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accordingly VACATED. In light of Plaintiffs’ consent to the substitution of counsel, and for good

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cause shown, the Court hereby GRANTS Tanner’s Motion to Withdraw Appearance. See Civil L.

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R. 11-5; Cal. R. Prof. Conduct 3-700(C)(5) (permissive withdrawal allowed when client

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“knowingly and freely assents to termination of the employment”). In concurrently filed Orders,

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the Court GRANTS the substitution of Attorney Mark Lapham for Attorney Rod K. Tanner as

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counsel of record for all three Plaintiffs in this action.

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In light of Plaintiffs’ substitution of new counsel, the Court GRANTS Plaintiffs’ Request
for Extension of Time to Respond to Defendant Neptune’s Account, LLC’s (“Neptune’s Account”)

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United States District Court
For the Northern District of California

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Motion to Quash Service of Summons and Complaint and for Dismissal of Action for Lack of

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Personal Jurisdiction (ECF No. 37). See ECF No. 45. Plaintiffs’ Opposition to Defendant

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Neptune’s Account’s Motion to Quash and to Dismiss is due January 16, 2012. Defendant

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Neptune’s Account’s Reply is due February 6, 2012. The hearing on that Motion remains as set on

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March 1, 2012, at 1:30 p.m.

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Also in light of Plaintiffs’ substitution of new counsel, the hearing on Defendant Thomas

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Francis’ Motion to Dismiss is hereby continued from December 8, 2011 at 1:30 p.m. to March 1,

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2012 at 1:30 p.m., to coincide with the hearing on Defendant Neptune’s Account Motion to Quash

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and to Dismiss.

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The case management conference set for December 8, 2011 at 1:30 p.m. remains as set.

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The parties shall file a Joint Case Management Statement by no later than Wednesday, December

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7, 2011, at 11:00 a.m.

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IT IS SO ORDERED.

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Dated: December 5, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 5:11-cv-00821-LHK
ORDER GRANTING ATTORNEY TANNER’S MOTION TO WITHDRAW; AND CONTINUING HEARING ON
DEFENDANT FRANCIS’ MOTION TO DISMISS; AND GRANTING PLAINTIFFS’ REQUEST FOR
EXTENSION OF TIME TO RESPOND TO DEFENDANT NEPTUNE’S ACCOUNT’S MOTION TO QUASH AND
DISMISS