Be In, Inc. v. Google Inc. et al

Filing 32

ORDER REQUIRING BE IN, INC. TO FILE A NOTICE OF SUBSTITUTION OF COUNSEL. Signed by Judge Lucy H. Koh on 3/06/2013. (lhklc3, COURT STAFF) (Filed on 3/6/2013)

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NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

UNITED STATES DISTRICT COURT

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United States District Court

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SAN JOSE DIVISION

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BE IN, INC., a New York Corporation,
Plaintiff,

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v.
GOOGLE INC., a California corporation;
RICHARD ROBINSON, an individual, and
Does 1 through 3 inclusive,
Defendants.

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Case No.: 5:12-CV-03373-LHK
ORDER REQUIRING BE IN, INC. TO
FILE A NOTICE OF SUBSTITUTION
OF COUNSEL

On February 19, 2013, counsel for Plaintiffs filed a Notice of Motion and Motion to
Withdraw as Counsel for Plaintiff. See ECF No. 28 (“Mot.”). Plaintiff’s counsel contends that
good cause exists to permit Movants’ withdrawal of counsel of record because “Be In has breached
and remains in breach of agreements with or obligation to Movants as to expenses and fees.” Mot.
at 2. Movants also assert that they have taken reasonable steps to avoid foreseeable prejudice to Be
In. Id. at 4. Further, Movants state that Be In has “located replacement counsel, although the
substitution has not yet been executed.” Id. On March 5, 2013, Defendants filed a Statement of
Non-Opposition to Motion to Withdraw as Counsel for Plaintiff. ECF No. 29.

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Case No.: 5:12-CV-03373-LHK
ORDER REQUIRING BE IN, INC. TO FILE A NOTICE OF SUBSTITUTION OF COUNSEL

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Pursuant to Civil Local Rule 3-9(b), “[a] corporation, unincorporated association,

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partnership or other such entity may appear only through a member of the bar of this Court.”

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Therefore, Be In, Inc., a New York corporation, cannot represent itself in this matter. See Rowland

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v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202-03 (1993) (holding

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that only natural persons can petition courts themselves and appear pro se); see also Licht v.

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America West Airlines, 40 F.3d 1058, 1059 (9th Cir.1994) (“Corporations ... must appear in court

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through an attorney.”). Thus, by March 13, 2013, Be In, Inc. shall file a Notice of Substitution of

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Counsel.

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IT IS SO ORDERED.

For the Northern District of California

United States District Court

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Dated: March 6, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 5:12-CV-03373-LHK
ORDER REQUIRING BE IN, INC. TO FILE A NOTICE OF SUBSTITUTION OF COUNSEL