Robert E. Renzel Trust et al v. Ventura et al

Northern District of California, cand-4:2015-cv-01648

ORDER re {{81}} Request for Substitution of Counsel for Han Defendants. Signed by Judge Ronald M. Whyte on 3/31/2016. (rmwlc2, COURT STAFF)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 ESTATE OF ROBERT RENZEL, 12 DECEASED, et al., Case No. 5:15-cv-01648-RMW Northern District of California United States District Court 13 Plaintiffs, ORDER REGARDING REQUEST FOR 14 v. SUBSTITUTION OF COUNSEL FOR HAN DEFENDANTS 15 LUPE VENTURA, et al., Re: Dkt. No. 81 16 Defendants. 17 Before the court are proposed "Consent Order[s] Granting Substitution of Attorney" filed 18 by the law firm of Davert & Loe, counsel for defendants Mija Han and Uktae Han (the "Han 19 defendants"). Dkt. Nos. 81, 81-1. The proposed consent orders are signed by both Han defendants 20 and by attorney Thomas P. Schmidt of Davert & Loe and seek to have the Han defendants 21 represent themselves pro se. Under Civil Local Rule 11-5(a), "[c]ounsel may not withdraw from 22 an action until relieved by order of Court after written notice has been given reasonably in advance 23 to the client and to all other parties who have appeared in the case." The court thus construes 24 Davert & Loe's filing as a motion to withdraw pursuant to Civil Local Rule 11-5. Within 14 days of the date of this order, counsel from Davert & Loe shall provide the last 25 known address(es) of Mija Han and Uktae Han for service of process. Counsel shall also certify 26 that counsel has provided each Han defendant with the following notice: 27 28 1 5:15-cv-01648-RMW ORDER REGARDING REQUEST FOR SUBSTITUTION OF COUNSEL RS Notice to Client Who Will be Unrepresented 1 If the court accepts the motion to substitute yourself for Thomas P. 2 Schmidt and Davert & Loe, you will not have an attorney representing you. 3 YOU MAY WISH TO SEEK LEGAL ASSISTANCE. IF YOU DO 4 NOT HAVE A NEW ATTORNEY TO REPRESENT YOU IN THIS ACTION OR PROCEEDING, YOU WILL BE 5 REPRESENTING YOURSELF. IT WILL BE YOUR RESPONSIBILITY TO COMPLY WITH ALL COURT RULES 6 AND APPLICABLE LAWS. IF YOU FAIL TO DO SO, OR FAIL TO APPEAR AT HEARINGS, ACTION MAY BE TAKEN 7 AGAINST YOU. YOU MAY LOSE YOUR CASE. 8 You may not in most cases represent yourself if you are one of the parties on the following list: 9  A guardian  A conservator 10  A trustee  A personal representative 11  A probate fiduciary  A corporation 12  A guardian ad litem Northern District of California  An unincorporated association United States District Court 13 If you are one of these parties, you should immediately seek legal advice regarding legal representation. Failure to retain an attorney 14 may lead to an order striking the pleadings or to the entry of a default judgment. 15 If this requested substitution is granted, the court needs to know how 16 to contact you. If you do not keep the court and other parties informed of your current address and telephone number, they will 17 not be able to send you notices of actions that may affect you, including actions that may adversely affect your interests or result in 18 your losing the case. 19 Upon compliance with the above conditions, Davert & Loe will be relieved as counsel of 20 record for the Han defendants. 21 IT IS SO ORDERED. 22 Dated: March 31, 2016 ______________________________________ 23 Ronald M. Whyte 24 United States District Judge 25 26 27 28 2 5:15-cv-01648-RMW ORDER REGARDING REQUEST FOR SUBSTITUTION OF COUNSEL RS