Free Order - District Court of Arizona - Arizona

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Hypercom Corporation, Plaintiff, vs. Omron Corporation, Defendant.

No. CV 04-0400 PHX PGR

ORDER

The Court is in receipt of the Notice of Withdrawal as Counsel of Record; however, the filing does not conform to the requirements of the Local Rule of Civil Procedure governing withdrawal and substitution of counsel. Local Rule of Civil Procedure 83.3(b) states that No attorney shall be permitted to withdraw or be substituted as attorney of record in any pending action except by formal written order of the Court, supported by written application setting forth the reasons therefor together with the name, last known residence and last known telephone number of the client as follows: (1) Where such application bears the written approval of the client, it shall be accompanied by a proposed written order and may be presented to the Court ex parte. The withdrawing attorney shall give prompt notice of entry of such order,

Case 2:04-cv-00400-PGR

Document 186

Filed 04/20/2007

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(2)

together with the name, last known residence and last known telephone number of the client, to all other parties and their attorneys. Where such application does not bear the written signature of the client, it shall be made by motion and shall be served upon the client and all other parties or their attorneys. The motion shall be accompanied by a certificate of the attorney making the motion that (A) the client has been notified in writing as to the status of the case including the dates and times of any court or trial setting, pending compliance with any existing court orders and the possibility of sanctions, or (B) the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case.

Due to counsel's failure to comply with the aforementioned rule, IT IS ORDERED that the law firm of Fennemore Craig, P.C.'s Notice of Withdrawal as Counsel of Record (Doc. 184) is hereby stricken. Counsel will be required to adhere to the Local Rules of Civil Procedure in seeking to withdraw. DATED this 20th day of April, 2007.

Case 2:04-cv-00400-PGR

Document 186

Filed 04/20/2007

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