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Larry Tyrone Brantley, Sr.; and v. Garrett Boyd; Modo Realty

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 13, 2011

LARRY TYRONE BRANTLEY, SR.; AND
ELLEN BRANTLEY, PLAINTIFFS,
v.
GARRETT BOYD; MODO REALTY, INC.;
ROYAL CROWN MORTGAGE, INC.; SERGEI KLYAZMIN; AND ACADEMY ESCROW,
DEFENDANTS.

United States District Court For the Northern District of California

ORDER CONTINUING HEARING ON MOTION TO WITHDRAW; ORDER TO SHOW CAUSE

Before the Court is a Motion to Withdraw filed by Plaintiffs' 15 counsel, Dorothy Guillory ("Guillory"). ECF No. 234 ("Mot."). In 16 support of her Motion, Guillory submitted a brief and an affidavit 17 explaining that a conflict of interest and irreconcilable 18 differences have arisen that preclude her from continuing to 19 represent Plaintiffs Larry Brantley and Ellen Brantley 20 ("Plaintiffs"). ECF Nos. 235 ("M. of P. & A."), 236 ("Guillory 21 Decl."). Guillory also sent Plaintiffs a letter via certified mail 22 informing them in bold type that the Court would hold a hearing on 23 the Motion on September 9, 2011, and that "[t]he Court requires 24 your presence at this hearing." ECF No. 237. 25

On September 9, 2011, the Court held a hearing on the Motion.

Plaintiffs failed to attend. Guillory presented the Court with a 27 certified mail receipt signed by Plaintiffs demonstrating that they 28 received her letter. Guillory stated that she had spoken with Plaintiffs by telephone the morning of the hearing to remind them 2 to appear, but that Plaintiffs denied any knowledge of the hearing 3 and declared that they would not attend. Due to Plaintiffs' 4 absence, the Court continued the hearing on the Motion until 5 September 23, 2011. 6

The Court now requires Plaintiffs to show cause why their case should not be dismissed for failure to prosecute. Plaintiffs are 8 hereby ORDERED to appear personally before the Court on September 23, 2011 at 10:00 a.m. in Courtroom 1, on the 17th floor, U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102.

Guillory shall send, by certified mail, a copy of this Order to Plaintiffs within forty-eight (48) hours of this Order and shall file a Proof of Service no later than five (5) days from the date of this Order.

If Plaintiffs do not appear before the Court on September 23, 2011 at 10:00 a.m., the Court will dismiss their case.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20110913

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