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Kuman Banque, LLC v. Brynee K. Baylor; Baylor & Jackson

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


April 8, 2013

KUMAN BANQUE, LLC,
PLAINTIFF,
v.
BRYNEE K. BAYLOR; BAYLOR & JACKSON, PLLC; THE MILAN GROUP, INC.;
SUSAN KEVRA-SHINER, AS BANQUE, LLC EXECUTRIX FOR THE ESTATE OF FRANK LORENZO PAVLICO III; GPH HOLDINGS, LLC; PATRICK LEWIS; BRETT A. COOPER; DAWN R. JACKSON; BALDASSARI;
ELMO BALDASSARI; THE DOES 1-50,
DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER REGARDING 6 ATTORNEY STEPHEN J. HASSING'S 7 MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF KUMAN

On April 7, 2013, attorney Steven J. Hassing filed a motion 16 to withdraw as counsel for Plaintiff Kuman Banque, LLC and noticed 17 it for hearing on May 16, 2013 at 2:00 p.m. Docket No. 136. 18 Because Plaintiff was served with a copy of the motion by mail, 19 its response to the motion must be filed no later than April 24, 20 2013. See Civil Local Rule 7-3(a). 21 The motion to withdraw appears to be well-taken. Thus, 22 Plaintiff is notified that, if it fails to file a written 23 opposition by April 22, 2013 or to appear at the May 16, 2013 24 hearing to oppose the motion, the motion to withdraw will be 25 granted. Withdrawal may be subject to the condition that Mr. 26 Hassing continues to accept service of papers for forwarding 27 purposes until Plaintiff has obtained new counsel. 28

11 SUSAN C. KEVRA; MIA C. United States District Court For the Northern District of California 12 LAW OFFICE OF SUSAN C. KEVRA; and

1 Further, as an LLC, Plaintiff cannot represent itself to 2 prosecute this case. See Civil Local Rule 3-9(b) ("A corporation, 3 unincorporated association, partnership or other such entity may 4 appear only through a member of the bar of this Court."); D-Beam 5 Ltd. P'ship v. Roller Derby Skates, Inc., 366 F.3d 972, 973-74 6 (9th Cir. 2004) ("It is a longstanding rule that corporations and 7 other unincorporated associations must appear in court through an 8 attorney."). Accordingly, Plaintiff is notified that, if the 9 motion to withdraw is granted, it must find substitute counsel to 10 represent it. If Mr. Hassing's motion is granted, the Court will 11 permit Plaintiff fourteen days in which to locate new counsel and 12 have counsel make an appearance in this case. Plaintiff is forewarned that, if it does not find counsel to represent it and to make an appearance in this case within the time permitted, the 15 Court will dismiss its case for failure to prosecute. 16 The Clerk is directed to serve a copy of this Order upon 17 Plaintiff at the addresses listed on pages five to six of Mr. 18 Hassing's motion. The Clerk is also directed to serve a copy of 19 this Order upon Larry Kudla and Meilin Liu at the email addresses 20 listed on those pages of the motion. 21 IT IS SO ORDERED. 22 23

Dated:

20130408

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