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Deanna Walters v. Fidelity Mortgage of California

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 30, 2011

DEANNA WALTERS,
PLAINTIFF,
v.
FIDELITY MORTGAGE OF CALIFORNIA, INC., ET AL., DEFENDANTS.

ORDER

On October 27, 2011, this court remanded the instant matter to state court, as no federal claims remained. (ECF 116.) A week prior, plaintiff's counsel submitted a "Notice of Withdrawal as Attorney." (ECF 113.) Plaintiff's counsel requested withdrawal was not addressed by the court in its remand order.

Under Local Rule 182(d), an attorney may not withdraw "without leave of court upon noticed motion." In the instant case, plaintiff's counsel merely submitted a stipulated withdrawal without properly noticing a motion for hearing; as such, the court was never in a position to rule on whether withdrawal was appropriate. Defendant and cross-claimant James York declined to join the stipulated withdrawal. The case is now closed such that this court is deprived of jurisdiction.*fn1 All further inquiries should be directed to the court presently exercising jurisdiction.

IT IS SO ORDERED.


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