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Trustees of the Bay Area Roofers Health and Welfare Trust Fund; et al v. Tradestaff Contracting Services; et al

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


January 16, 2013

TRUSTEES OF THE BAY AREA ROOFERS HEALTH AND WELFARE TRUST FUND; ET AL., PLAINTIFFS,
v.
TRADESTAFF CONTRACTING SERVICES; ET AL., DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

*E-FILED: January 16, 2013*

NOT FOR CITATION

ORDER GRANTING MOTION TO WITHDRAW AS ATTORNEY OF RECORD AND DISCOVERY ORDER ON DDR #1 (Dkts. 25, 28)

United States District Court Northern District of California For the Counsel for defendants, Sweeney, Mason, Wilson & Bosomworth ("SMWB"), filed a 17 motion to withdraw as counsel of record for four of the five defendants in this case. (Dkt. 25).

The 18 Court held a hearing on SMWB's motion on January 8, 2013. For the reasons stated on the record 19 at the hearing, counsel's motion is GRANTED. SMWB is relieved as the attorney of record for the 20 following defendants: 21

1) Tradestaff Contracting Services;

2) J.R.M. Contracting Services;

3) Spectrum Specialties LLC; and

4) J.R.M. Real Estate & Investments, LLC (collectively, the "Morris Entities"*fn1 ). SMWB shall remain counsel of record for defendant 25 26 J.M.O.G. Contracting Services dba Alliance Contract Services ("Alliance").

As the Morris Entities have already had notice of counsel's motion to withdraw for at least 2 two months, the Morris Entities are ordered to retain new counsel who will make an appearance no 3 later than January 28, 2013. SMWB shall accept service on behalf of the Morris Entities until they 4 retain new counsel or the Court orders otherwise. SMWB has notified the Court that the Morris 5 6 Entities do not plan to retain new counsel or otherwise participate in this litigation. As corporate entities may appear in federal courts only through licensed counsel, the Morris Entities are warned 8 that failure to retain counsel by January 28, 2013 may result in an entry of their default and a 9 judgment in favor of plaintiffs. See Rowland v. Cal. Men's Colony et al., 506 U.S. 194, 201-02 10 (1993).

United States District Court Discovery Dispute Report #1 For the Northern District of California

About five days after counsel for defendants filed its motion to withdraw, Plaintiffs 14 submitted a unilateral Discovery Dispute Report #1 ("DDR #1) stating that none of the five 15 defendants had responded to Interrogatories or Requests to Produce Documents propounded by 16 Plaintiffs. At the hearing on counsel for defendants' motion to withdraw, Plaintiffs reported to the 17 Court that defendant Alliance had since responded to the outstanding discovery and that DDJR #1 is 18 now moot as to Alliance. The Morris Entities have not responded to any of the discovery 19 propounded by Plaintiffs. 20

The Morris Entities are hereby ORDERED to respond to all outstanding discovery, without 21 objection, no later than January 28, 2013.*fn2 22

IT IS SO ORDERED.

Order will be electronically mailed to: Sue Campbell suecampbell@att.net Roger Mason rmason@smwb.com 3 4 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5 6 7 8 9 10

United States District Court For the Northern District of California


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