Erickson Productions Inc et al v. Kraig R Kast

Filing 120

INTERIM ORDER re 119 defense counsel's motion to withdraw. Signed by Magistrate Judge Howard R. Lloyd on 8/25/2015. (hrllc2, COURT STAFF) (Filed on 8/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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ERICKSON PRODUCTIONS INC. and JIM
ERICKSON,
Plaintiffs,

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INTERIM ORDER RE DEFENSE
COUNSEL'S MOTION TO WITHDRAW

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v.

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KRAIG R. KAST,

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Case No. 5:13-cv-05472-HRL

Re: Dkt. No. 119

Defendant.
Attorney Nicholas Ranallo moves for permission to withdraw as defense counsel of record.

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The record is, however, ambiguous as to whether defendant Kast actually has notice of the

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application and agrees to Ranallo’s withdrawal. See Civ. L.R. 11-5(a) (“Counsel may not

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withdraw from an action until relieved by order of Court after written notice has been given

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reasonably in advance to the client and to all other parties who have appeared in the case.”). The

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application is based on a purported declaration by defendant Kast that is unsigned. Ranallo has

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not filed an attestation, as required by Civ. L.R. 5-1(i)(3), that Kast has concurred in the filing of

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this document. Moreover, Ranallo’s certificate of service indicates that his application was only

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electronically served on opposing counsel through the ECF system.

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Accordingly, Ranallo shall promptly e-file Kast’s declaration bearing Kast’s signature,
along with a proof of service confirming that the pending application to withdraw has in fact been

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served on Kast.
SO ORDERED.
Dated: August 25, 2015
________________________
HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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5:13-cv-05472-HRL Notice has been electronically mailed to:
Kevin P McCulloch

[e-mail], [e-mail]

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Nicholas Ranallo

[e-mail]

Robert K Wright

[e-mail]

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United States District Court
Northern District of California

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