Alejandro Picazo v. Randstad US, LP et al

Filing 20

ORDER by Magistrate Judge Howard R. Lloyd conditionally granting 14 plaintiff's counsel's motion to withdraw; denying as moot 19 motion to appear by telephone. (hrllc2, COURT STAFF) (Filed on 1/5/2017)

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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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ALEJANDRO PICAZO,

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Case No.5:16-cv-06644-HRL

Plaintiff,

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v.

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RANDSTAD US, LP,

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Defendant.

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ORDER CONDITIONALLY
GRANTING PLAINTIFF’S COUNSEL’S
MOTION TO WITHDRAW
Re: Dkt. Nos. 14, 19

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Plaintiff’s counsel move for permission to withdraw from representation. Defendant does

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not oppose the motion. (Dkt. 16). Although the record indicates that plaintiff was given notice of

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the present motion, the court has received no objection from him, and briefing on this matter is

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closed. The motion is deemed suitable for determination without oral argument, and the January

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10, 2017 hearing is vacated.1 Civ. L.R. 71-(b). Upon consideration of the moving papers, the

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court conditionally grants the motions as follows:
“Counsel may not withdraw from an action until relieved by order of Court after written

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notice has been given reasonably in advance to the client and to all other parties who have

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appeared in the case.” Civ. L.R. 11-5(a). “In the Northern District of California, the conduct of

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counsel is governed by the standards of professional conduct required of members of the State Bar

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Plaintiff’s counsel’s motion for leave to appear by telephone at the motion hearing (Dkt. 19) is
denied as moot.

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of California, including the Rules of Professional Conduct of the State Bar of California.” Hill

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Design Group v. Wang, No. C04-521 JF (RS), 2006 WL 3591206 at *4 (N.D. Cal., Dec. 11, 2006)

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(citing Elan Transdermal Limited v. Cygnus Therapeutic Systems, 809 F. Supp. 1383, 1387 (N.D.

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Cal.1992)). Those standards provide that an attorney may seek permission to withdraw if, among

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other things, the client’s conduct renders it unreasonably difficult for the attorney to represent the

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client effectively. Id. (citing Cal. Rules of Professional Conduct Rule 3-700(C)(1)(d),(f)).

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Here, movants request leave to withdraw, citing a breakdown in communication and

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understanding as to the purpose and meaning of legal representation, as well as an irreparable

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breakdown in the attorney-client relationship with plaintiff. (Dkt. 14-1, Otkupman Decl. ¶¶4-5).
Finding sufficient grounds for withdrawal, the court grants the motion, subject to the condition

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United States District Court
Northern District of California

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that papers may continue to be served on counsel for forwarding purposes, unless and until

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plaintiff appears by other counsel or pro se. Civ. L.R. 11-5(b).

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Plaintiff Alejandro Picazo is advised that he retains all of the obligations of a litigant.

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Even if he is not represented by an attorney, he must (a) meet filing and other litigation deadlines,

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(b) follow all court orders and applicable rules, and (c) make scheduled court appearances. To the

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extent he remains without legal representation, plaintiff is encouraged to seek assistance of the

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Federal Pro Se Program, located in Room 2070 on the Second Floor of the Federal Courthouse in

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San Jose. Appointments may be made by (1) signing up in person at the Federal Pro Se Program

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office or at The Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose, CA; or

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(2) by calling 408-297-1480. To the extent he has not already done so, plaintiff is also directed to

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obtain a copy of the court’s Handbook for Pro Se Litigants, available on the court’s website

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(http://cand.uscourts.gov) or from the Clerk’s Office.

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SO ORDERED.

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Dated: January 5, 2017

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HOWARD R. LLOYD
United States Magistrate Judge

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5:16-cv-06644-HRL Notice has been electronically mailed to:
Michael Anderson Wahlander [e-mail], [e-mail],
[e-mail], [e-mail]

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Michael Edward Harvey [e-mail], [e-mail],
[e-mail]

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Rita Ming-Yuen Leong

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Roman Otkupman

[e-mail]

[e-mail]

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United States District Court
Northern District of California

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