Andrade v. Arby's Restaurant Group, Inc. et al

Filing 48

ORDER NOTIFYING DEFENDANTS OF COUNSEL'S MOTION TO WITHDRAW AS ATTORNEY. Re: Dkt. No. 42 . Signed by Judge Nathanael Cousins on 12/1/2015. (lmh, COURT STAFF) (Filed on 12/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIRIAM ANDRADE,

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United States District Court
Northern District of California

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Plaintiff,

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v.
ARBY’S RESTAURANT GROUP,
INC., et al.,

Case No. 15-cv-03175 NC
ORDER NOTIFYING DEFENDANTS
OF COUNSEL’S MOTION TO
WITHDRAW AS ATTORNEY
Re: Dkt. No. 42

Defendants.
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In this employment action, defendants Altamira Corporation and Pedro Mota are
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represented by Lynnette Ariathurai. Ms. Ariathurai now moves to withdraw as attorney of
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record for both defendants.
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If the Court grants Ariathurai’s motion to withdraw, Altamira may not represent
itself because “[a] corporation, unincorporated association, partnership or other such entity

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may appear only through a member of the bar of this Court.” Civ. L.R. 3-9(b). Altamira is
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accordingly put on notice that if it does not retain other counsel, it risks a default judgment
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against it due to its inability to represent itself in court.
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Mota may decide to appear pro se, but must file either a notice of his intention to do
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so or a substitution of counsel. “Any party representing him or herself without an attorney

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must appear personally and may not delegate that duty to any other person who is not a
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member of the bar of this Court. A person representing him or herself without an attorney
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is bound by the Federal Rules, as well as by all applicable local rules. Sanctions (including
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Case No. 15-cv-03175 NC

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default or dismissal) may be imposed for failure to comply with local rules.” Civ. L.R. 3-

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9(a). The attached letter gives some guidance in case Mota wishes to proceed pro se and

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would like to avail himself of the Court’s resources for pro se litigants.

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Altamira and Mota may appear at the hearing on December 2, 2015, at 1:00 pm to

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oppose Ariathurai’s motion to withdraw if either wishes to do so. Counsel Ariathurai is

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ordered to provide a copy of this order to both of her clients.

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IT IS SO ORDERED.

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Dated: December 1, 2015

United States District Court
Northern District of California

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 15-cv-03175 NC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
280 South 1st Street
San Jose, CA 95113

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www.cand.uscourts.gov
SUSAN Y. SOONG
CLERK OF COURT

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To:
Re:

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GENERAL COURT NUMBER
408-535-5363

Dear Pro Se Litigant:

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Pro Se Litigant
Representing Yourself Before This Court

If you are representing yourself in federal court without representation by an attorney,
that is called proceeding “pro se.” The court has free resources to help you find your way

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United States District Court
Northern District of California

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through the court system and procedures. The Federal Pro Se Program at the San Jose

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Courthouse provides free information and limited-scope legal advice to pro se litigants in

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federal civil cases. The Federal Pro Se Program is available by appointment and on a drop-in

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basis. The Federal Pro Se Program is available at Room 2070 in the San Jose United States

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Courthouse (Monday to Thursday 1:00 – 4:00 pm, on Friday by appointment only), and The

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Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose, CA (Monday to

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Thursday 9:00 am –12:00 pm, on Friday by appointment only), or by calling [phone].

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There are also online resources available on the court’s webpage. The Pro Se
Handbook, found at http://www.cand.uscourts.gov/prosehandbook, has a downloadable version
of the court’s own publication: Representing Yourself in Federal Court: A Handbook for Pro
Se Litigants. Pay special attention to the Civil Litigation Packets tab on the left, which
provides useful fillable forms. The Pro Se Handbook website also has a link to the Court’s
Electronic Case Filing (ECF) website.

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Susan Y. Soong

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Clerk, United States District Court

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Case No. 15-cv-03175 NC

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