Theresa Brooke v. Milpitas Comfort Inn, LLC

Filing 6

Order by Magistrate Judge Howard R. Lloyd granting Dkt. No. 5 Motion to Withdraw as Attorney. (hrllc3S, COURT STAFF) (Filed on 12/28/2016)

E-filed 12/28/2016

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THERESA BROOKE,
Plaintiff,

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v.
MILPITAS COMFORT INN, LLC,

ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL
Re: Dkt. No. 5

Defendant.

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United States District Court
Northern District of California

Case No.16-cv-06753-HRL

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Peter Kristofer Strojnik (“Strojnik”) of The Strojnik Firm, LLC, moves to withdraw as

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counsel for plaintiff Theresa Brooke (“Brooke”). Dkt. No. 5. Strojnik asserts that he has been

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suspended from the practice of law for 30 days by the Arizona Supreme Court, and that he thus

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cannot represent Brooke in this action. Id. Strojnik further states that he has notified Brooke of

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his withdrawal and informed her about the status of the case. Id. Included with his motion,

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Strojnik has submitted a “Client Consent and Acknowledgment” signed by Brooke, stating that

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she consents to the withdrawal and agrees to represent herself in this matter until Strojnik is

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reinstated and files a Notice of Appearance or she retains different counsel.

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As Brooke consents to the withdrawal and agrees to represent herself, and as no other

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parties have appeared, the court deems this matter suitable for decision without oral argument

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pursuant to Civil Local Rule 7-1(b).

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Counsel may withdraw only with permission from the court and after providing written

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notice in advance to all parties. Civil L.R. 11-5(a). Though the opposing party has not yet

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appeared, and the court is not aware of whether service has been completed, Strojnik asserts that

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he has mailed a copy of his motion to opposing counsel (or the opposing party, if unrepresented).

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Dkt. No. 5.

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Finding good cause shown, the court grants Strojnik’s motion to withdraw. Brooke shall

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proceed pro se until she retains counsel or Strojnik is reinstated and files a Notice of Appearance.
IT IS SO ORDERED.
Dated: 12/28/2016

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HOWARD R. LLOYD
United States Magistrate Judge

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United States District Court
Northern District of California

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