At the hearing held on Monday, November 2, 2009, I moved to vacate the hearing on the motion to compel, until such time as new counsel appears, and the judge granted that.
Attorney Mike Diaz appeared by phone, and informed the court that he had been contacted on October 15, 2009 by Nevada (I think) attorney Rob Graham who stated he was taking over the Catledge cases. Diaz said they've now withdrawn from all Catledge cases.
The judge took both the Motion to Dismiss and the Motion to Withdraw under advisement. I had requested that he rule on the Motion to Dismiss as a means to avoid delay if new counsel were to appear and want to contest that motion.
The judge is considering whether to grant the Motion to Withdraw now and then wait to rule on the Motion to Dismiss, or whether to rule on the Motion to Dismiss and then grant the Motion to Withdraw. I argued that the former exposes us to additional delay, and the latter will help move the case along.
The judge said he'd try to rule within 30 days. Once he signs the Order Granting Withdrawal, Catledge will have an additional 20 days to appear either through new counsel, or pro se.
2 comments:
Has a date been set for the Judge to respond to the motions described in this hearing?
Judges don't usually set deadlines for themselves, so, no, we have no date to look forward to. This judge tries diligently to issue his rulings within 30 days.
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