Johnson v. Harvest Investment Management, LLC

Filing 28

Order by Magistrate Judge Virginia K. DeMarchi denying without prejudice 27 Stipulation for Catherine M. Corfee to Withdraw as Counsel. (vkdlc1S, COURT STAFF) (Filed on 4/19/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SCOTT JOHNSON,

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Plaintiff,

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v.

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HARVEST INVESTMENT
MANAGEMENT, LLC,

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United States District Court
Northern District of California

Case No.18-cv-01627-VKD

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ORDER DENYING WITHOUT
PREJUDICE REQUEST TO
WITHDRAW AS COUNSEL
Re: Dkt. No. 27

Defendant.

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On April 18, 2019, defendant Harvest Investment Management, LLC’s (“Harvest”)
counsel, Catherine M. Corfee and Gregory J. Yu, filed a stipulation for Ms. Corfee to withdraw as
counsel for Harvest. Dkt. No. 27. This stipulated request is deficient in two respects.

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First, Civil Local Rule 11-5(a) states that counsel may not withdraw until relieved by order
of the Court after written notice has been given reasonably in advance to the client and all other

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parties who have appeared in the case. Counsel’s stipulated request says nothing about any notice

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provided to their client, much less whether Harvest consents to Ms. Corfee’s withdrawal.

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Second, although Mr. Yu has previously filed submissions on behalf of Harvest, he has not
entered a notice of appearance as required by Civil Local Rule 5-1(c)(2) and therefore is not listed
as Harvest’s counsel on the public docket.

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The Court will not permit Ms. Corfee to withdraw until the above deficiencies are rectified
and Harvest complies with the applicable local rules.

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IT IS SO ORDERED.
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Dated: April 19, 2019

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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