Chavez et al v. Indymac Bank, F.S.B. et al

Filing 44

ORDER (1) Granting (Doc. 40 ) Attorney Kent Wilson's Ex Parte Motion to Withdraw as Plaintiffs' Attorney; (2) Denying (Doc. 41 ) Defendant's Ex Parte Motion to Terminate Stay; (3) Denying (Doc. 42 ) Defendant's Ex Parte Motion to Expunge the Lis Pendens. This case shall remain stayed until September 10, 2010, or until Plaintiffs find new counsel, or until either party shows good cause to lift the stay. Attorney Kent Wilson is hereby Ordered to serve a copy of this ruling upon his former clients, Michael and Donna Chavez, Within Three Days of the date of this Order. He is further Ordered to serve a copy of this ruling upon Attorney Nichole Gallagher. Signed by Judge Thomas J. Whelan on 7/19/2010. (cap)

-NLS Chavez et al v. Indymac Bank, F.S.B. et al

Doc. 44

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs initiated this lawsuit to avoid losing their home through foreclosure proceedings. On April 9, 2010, this Court granted a joint-motion to stay this lawsuit because Plaintiffs had entered a loan modification program. (Doc. 38.) Specifically, the lawsuit was stayed until September 1, 2010, or until action had been taken by either party to lift the stay. (Id.)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MICHAEL CHAVEZ and DONNA CHAVEZ, Plaintiffs, v. CASE NO: 09-CV-1570 W (NLS) ORDER: 1) GRANTING ATTORNEY KENT WILSON'S EX PARTE MOTION TO WITHDRAW AS PLAINTIFFS' ATTORNEY (DOC. 40.) 2) DENYING DEFENDANT'S EX PARTE MOTION TO TERMINATE STAY (DOC. 41.) 3) DENYING DEFENDANT'S EX PARTE MOTION TO EXPUNGE THE LIS PENDENS (DOC. 42.)

ONEWEST BANK, F.S.B, et al., Defendants.

09cv1570w

Dockets.Justia.com

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On July 9, 2010, Plaintiffs' attorney, Kent Wilson, filed an ex parte motion to Kent Wilson's declaration indicates that a severe

2 withdraw from this lawsuit.

3 breakdown in the attorney-client relationship has occurred. In fact, Kent Wilson and 4 Plaintiffs are now in litigation against each other in San Diego Superior Court. 5 On July 14, 2010, Defendant OneWest Bank, F.S.B. ("OneWest") filed two 6 different ex parte motions. The first motion seeks to terminate the stay and for the 7 Court to rule on a previously filed motion to dismiss. (Doc. 41.) OneWest's second 8 motion seeks to expunge the lis pendens, in the event that the Court granted the 9 motion to dismiss. (Doc. 42.) 10 On July 16, 2010, Plaintiffs filed a response to Kent Wilson's motion to withdraw 11 as their attorney. Plaintiffs acknowledge that Mr. Wilson's withdrawal from this case 12 is mandatory, but express serious concerns regarding his immediate withdrawal and the 13 irreparable injury they would suffer in light of OneWest's recently filed motions. 14 Having read and considered the moving papers, the Court finds that Kent Wilson 15 can not continue to serve as Plaintiffs' counsel. Therefore, his motion to immediately 16 withdraw as their attorney of record is GRANTED. (Doc. 40.) Plaintiffs shall be listed 17 as pro se litigants and should immediately provide the Court with their contact 18 information. 19 In light of the foregoing, the Court must DENY OneWest's motion to terminate 20 the stay. (Doc. 41.) This case shall remain stayed until September 10, 2010, or until 21 Plaintiffs find new counsel, or until either party shows good cause to lift the stay. 22 // 23 // 24 // 25 // 26 // 27 // 28
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Additionally, the Court will DENY the ex parte motion to expunge the lis Lastly, Attorney Kent Wilson is hereby

2 pendens, without prejudice. (Doc. 42.)

3 ORDERED to serve a copy of this ruling upon his former clients, Michael and Donna 4 Chavez, WITHIN THREE DAYS of the date of this Order. He is furthered 5 ORDERED to serve a copy of this ruling upon Attorney Nicole Gallagher, whose efforts 6 in specially appearing for Plaintiffs were very much appreciated. 7 8 9 10 DATED: July 19, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge