Kirsch v. Kings Credit Services

Filing 26

ORDER by Judge Thelton E. Henderson granting 20 Plaintiff's counsel's Motion to Withdraw as Attorney; ORDER TO SHOW CAUSE as to why case should not be dismissed for failure to prosecute. Counsel to file proof of service on Plaintiff by 08/31/12. Plaintiff's written response due by 10/01/12 or case will be dismissed. (tehlc3, COURT STAFF) (Filed on 8/27/2012)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 HEIDY KIRSCH, 8 9 11 For the Northern District of California United States District Court 10 Plaintiff, v. KINGS CREDIT SERVICES, NO. C12-0570 TEH ORDER GRANTING PLAINTIFF’S COUNSEL’S MOTION TO WITHDRAW; ORDER TO SHOW CAUSE Defendant. 12 13 This matter comes before the Court on Todd M. Friedman’s motion to withdraw as 14 counsel for Plaintiff Heidy Kirsch. The record demonstrates that Kirsch has not 15 communicated with Friedman since at least June 18, 2012, and she has also failed to respond 16 to his motion to withdraw. The Court therefore finds good cause to GRANT Friedman’s 17 motion. See, e.g., Cal. Rule of Prof’l Conduct 3-700(C)(1)(d) (allowing counsel to withdraw 18 if the client “renders it unreasonably difficult for [counsel] to carry out the employment 19 effectively”). However, pursuant to Civil Local Rule 11-5(b), Friedman’s withdrawal is 20 conditional, and papers shall “continue to be served on counsel for forwarding purposes, 21 unless and until the client appears by other counsel or pro se.” Civ. L.R. 11-5(b). Friedman 22 must notify Kirsch of this condition by mailing a copy of this order to her and filing a proof 23 of service with the Court no later than August 31, 2012. 24 In addition, Kirsch is HEREBY ORDERED TO SHOW CAUSE as to why this case 25 should not be dismissed. If Kirsch does not file a written response to this order on or before 26 October 1, 2012, this case will be dismissed for failure to prosecute. If she needs assistance 27 on how to file a document with the Court, she may consult the Court’s website at 28 http://www.cand.uscourts.gov/proselitigants or contact the Legal Help Center, operated by 1 the Volunteer Legal Services Program of the Bar Association of San Francisco, at 2 (415) 782-9000, extension 8657. 3 4 IT IS SO ORDERED. 5 6 Dated: 08/27/12 7 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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