Cabrera v. Oh

Filing 15

ORDER by Magistrate Judge Howard R. Lloyd (1) conditionally granting 13 Motion to Withdraw as Attorney; and (2) re-setting initial case management conference. 12/11/2012 motion hearing vacated. Motion to withdraw granted subject to condition that papers may be continue to be served on counsel for forwarding purposes, unless and until defendant appears by other counsel or pro se. Initial case management conference set for 12/18/2012, 1:30 PM.(hrllc2, COURT STAFF) (Filed on 12/4/2012)

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1 2 *E-FILED: December 4, 2012* 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 12 13 14 15 No. C12-04294 HRL JUAN TORRES CABRERA, ORDER (1) CONDITIONALLY GRANTING ATTORNEY MOTION TO WITHDRAW; AND (2) RE-SETTING INITIAL CASE MANAGEMENT CONFERENCE Plaintiff, v. CHRISTOPHER HANBUM OH, Defendant. [Re: Docket No. 13] / 16 17 Now before the court is attorney Milton Katz’s motion for permission to withdraw as 18 defense counsel of record. The papers presented indicate that the motion was served on 19 plaintiff and defendant. The court has received no opposition to the motion, and the time for 20 submitting any opposition or response has passed. The matter is deemed suitable for 21 determination without oral argument. The December 11, 2012 hearing therefore is vacated. 22 CIV. L.R. 7-1(b). Having considered the moving papers, the court rules as follows: 23 “Counsel may not withdraw from an action until relieved by order of Court after written 24 notice has been given reasonably in advance to the client and to all other parties who have 25 appeared in the case.” CIV. L.R. 11-5(a). “In the Northern District of California, the conduct of 26 counsel is governed by the standards of professional conduct required of members of the State 27 Bar of California, including the Rules of Professional Conduct of the State Bar of California.” 28 Hill Design Group v. Wang, No. C04-521 JF (RS), 2006 WL 3591206 at *4 (N.D. Cal., Dec. 1 11, 2006) (citing Elan Transdermal Limited v. Cygnus Therapeutic Systems, 809 F. Supp. 2 1383, 1387 (N.D. Cal.1992)). Those standards provide that an attorney may seek permission to 3 withdraw if, among other things, the client’s conduct renders it unreasonably difficult for the 4 attorney to represent the client effectively or if the client breaches an agreement or obligation 5 with respect to the payment of fees. Id. (citing Cal. Rules of Professional Conduct Rule 3- 6 700(C)(1)(d), (f)). Here, Katz avers that defendant refuses to pay his fees and also refuses to 7 provide records Katz believes are necessary for the defense of this action. Upon consideration 8 of Katz’s motion, and having received no objection to it, the court grants the motion to 9 withdraw, subject to the condition that papers may continue to be served on counsel for forwarding purposes, unless and until defendant Oh appears by other counsel or pro se.1 CIV. 11 For the Northern District of California United States District Court 10 L.R. 11-5(b). 12 Additionally, the initial case management conference is re-set for December 18, 2012, 13 1:30 p.m., Courtroom 2, Fifth Floor, United States District Court, 280 South First Street, San 14 Jose, California. Defendant Oh is advised that if he has not yet retained a new attorney, he 15 must appear in person before this court on that date. 16 17 SO ORDERED. Dated: December 4, 2012 18 HOWARD R. LLOYD 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 Absent information from defendant Oh as to any newly retained counsel or the contact information Oh will use if he proceeds pro se, the court will mail a copy of this order to him at the address Katz lists for defendant in his motion papers. 1 28 2 1 5:12-cv-04294-HRL Notice has been electronically mailed to: 2 Milton Katz , Esq 3 Tomas Eduardo Margain,,,, 4 5 5:12-cv-04294-HRL A copy of this order sent by U.S. Mail to: 6 Christopher Hanbum Oh 452 University Avenue Palo Alto, CA 94301 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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