Estate of Robert Renzel, Deceased et al v. Ventura et al

Filing 83

ORDER re 81 Request for Substitution of Counsel for Han Defendants. Signed by Judge Ronald M. Whyte on 3/31/2016. (rmwlc2, COURT STAFF) (Filed on 3/31/2016)

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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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ESTATE OF ROBERT RENZEL,
DECEASED, et al.,
Plaintiffs,

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Case No. 5:15-cv-01648-RMW
ORDER REGARDING REQUEST FOR
SUBSTITUTION OF COUNSEL FOR
HAN DEFENDANTS

v.
LUPE VENTURA, et al.,

Re: Dkt. No. 81

Defendants.
Before the court are proposed “Consent Order[s] Granting Substitution of Attorney” filed

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by the law firm of Davert & Loe, counsel for defendants Mija Han and Uktae Han (the “Han

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defendants”). Dkt. Nos. 81, 81-1. The proposed consent orders are signed by both Han defendants

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and by attorney Thomas P. Schmidt of Davert & Loe and seek to have the Han defendants

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represent themselves pro se. Under Civil Local Rule 11-5(a), “[c]ounsel may not withdraw from

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an action until relieved by order of Court after written notice has been given reasonably in advance

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to the client and to all other parties who have appeared in the case.” The court thus construes

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Davert & Loe’s filing as a motion to withdraw pursuant to Civil Local Rule 11-5.

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Within 14 days of the date of this order, counsel from Davert & Loe shall provide the last
known address(es) of Mija Han and Uktae Han for service of process. Counsel shall also certify
that counsel has provided each Han defendant with the following notice:
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5:15-cv-01648-RMW
ORDER REGARDING REQUEST FOR SUBSTITUTION OF COUNSEL
RS

Notice to Client Who Will be Unrepresented

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United States District Court
Northern District of California

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If the court accepts the motion to substitute yourself for Thomas P.
Schmidt and Davert & Loe, you will not have an attorney
representing you.
YOU MAY WISH TO SEEK LEGAL ASSISTANCE. IF YOU DO
NOT HAVE A NEW ATTORNEY TO REPRESENT YOU IN
THIS ACTION OR PROCEEDING, YOU WILL BE
REPRESENTING YOURSELF. IT WILL BE YOUR
RESPONSIBILITY TO COMPLY WITH ALL COURT RULES
AND APPLICABLE LAWS. IF YOU FAIL TO DO SO, OR FAIL
TO APPEAR AT HEARINGS, ACTION MAY BE TAKEN
AGAINST YOU. YOU MAY LOSE YOUR CASE.
You may not in most cases represent yourself if you are one of the
parties on the following list:
 A guardian
 A conservator
 A trustee
 A personal representative
 A probate fiduciary
 A corporation
 A guardian ad litem
 An unincorporated association
If you are one of these parties, you should immediately seek legal
advice regarding legal representation. Failure to retain an attorney
may lead to an order striking the pleadings or to the entry of a
default judgment.
If this requested substitution is granted, the court needs to know how
to contact you. If you do not keep the court and other parties
informed of your current address and telephone number, they will
not be able to send you notices of actions that may affect you,
including actions that may adversely affect your interests or result in
your losing the case.
Upon compliance with the above conditions, Davert & Loe will be relieved as counsel of

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record for the Han defendants.

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IT IS SO ORDERED.

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Dated: March 31, 2016
______________________________________
Ronald M. Whyte
United States District Judge

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5:15-cv-01648-RMW
ORDER REGARDING REQUEST FOR SUBSTITUTION OF COUNSEL
RS