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Jigneshi J. Jariwala v. Janet Napolitano Secretary For the Department of Homelandsecurity.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 15, 2011

JIGNESHI J. JARIWALA,
PLAINTIFF,
v.
JANET NAPOLITANO SECRETARY FOR THE DEPARTMENT OF HOMELANDSECURITY., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER REGARDING PLAINTIFF COUNSEL'S MOTION TO WITHDRAW

(Dkt. #9)

Counsel for Plaintiff, Ms. Valerie Ly, has moved to withdraw as counsel on the grounds that she is no longer with the firm representing Plaintiff and no longer has access to his file. See Dkt. #9. For good cause shown, the Court is considering granting Ms. Ly's motion to withdraw as 19 counsel without a hearing. Before withdrawing, an attorney must take "reasonable steps to avoid 20 reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, 21 allowing time for employment of other counsel, complying with rule 3-700(D), and complying with 22 applicable laws and rules." CAL. R. PROF. CONDUCT 3-700(A)(2). 23

In the event the Court grants Counsel's motion, Plaintiff will have to obtain new counsel or proceed pro se. To ensure that Ms. Ly's withdrawal causes as little prejudice to Plaintiff as 25 possible, the Court orders Ms. Ly to file a declaration and proof of service establishing that: (1) she 26 has informed Plaintiff of the Federal Legal Assistance Self-Help Center ("FLASH") at the San Jose Courthouse;*fn1 and (2) she has informed Plaintiff of the procedures for registering for the Court's 2 electronic court filing (ECF) system. In addition, Counsel must provide the Court with Plaintiff's 3 current mailing address. Counsel must file this declaration and proof of service by Thursday, 4 February 17, 2011. The Court also orders Ms. Ly to serve this Order on Plaintiff by certified mail 5 and file proof of service with the Court by Thursday, February 17, 2011. 6

IT IS SO ORDERED.


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