Case3:10-cv-01205-VRW Document33 Filed11/17/10 Page1 of 5

1 MICHAEL E. ADAMS (SBN: 47278)

LA W OFFICES OF MICHAEL E. ADAMS
2 702 Marshall Street, Suite 300
Redwood City, CA 94063
3 Telephone: (650) 599-9463
Fax: (650) 599-9785
4
Attorney for Defendants
5 GLOBETRACK WIRELESS, INC.,
and SOS-WHERIFY, INC.
6
7 UNITED STATES DISTRICT COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9
10
Case No. CV-1O-01205 VRW
11 DANIEL McKELVEY,
12 Plaintiff,
NOTICE OF ORDERS
13 v. GRANTING PERMISSION FOR
WITHDRAWAL OF
14 DEFENDANTS' ATTORNEY,
GLOBETRACK WIRELESS, INC., AND REQUIRING
15 SOS-WHERIFY, INC., and DOES 1-20, DEFENDANTS TO SHOW
CAUSE WHY THEIR DEFAULT
16 Defendants. SHOULD NOT BE ENTERED
17
18 OSC DATE: November 29, 2010
JUDGE: Hon. Vaughn R. Walker
19
TO: DEFENDANTS GLOBETRACK WIRELESS, INC. and SOS-WHERIFY, INC.:
20
PLEASE TAKE NOTICE that, on November 8,2010, the above-entitled court
21
issued the two attached orders. The first order grants permission for the undersigned to
22
withdraw as your attorney of record herein. The second order requires you to show cause
23
in writing, by or before November 29,2010, why your defaults should not be entered
24
herein.
25
DATED: November 17,2010
26
27
28
LAW OFFICES OF

MICHAEL E. ADAMS

70% MARSHALL ST., #300

1

REDWOOD CITY CA 94063

(650)599-9463 Notice of Orders, etc.

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6
7

8
9 IN THE UNITED STATES DISTRICT COURT

10 FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

12 DANIEL MCKELVEY, No C 10-1205 VRW

13 Plaintiff, ORDER
14 v

15 GLOBETRACK WIRELESS, INC et al,

16 ____________________________________________1
Defendants.
17

19 On September 2, 2010, counsel for defendants Globetrack

20 Wireless, Inc and SOS-Wherify, Inc moved for permission to withdraw

21 as attorneys of record. Doc #25. No opposition to the motion has

22 been filed. Counsel declares that defendants have breached their

23 fee agreement by failing to pay outstanding attorney fees and by

24 failing to reimburse litigation expenses. Doc #26 ii3-4. Counsel

25 informed defendants of their intent to withdraw on August 18, 2010.

26 Doc #26 Exh A.

27 Pursuant to Cal RPC 3-700 (C) (1) (f), counsel may withdraw

28 if a client "breaches an agreement or obligation * * * as to

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1 expenses or fees." Here, the record shows that defendants are in

2 breach of their fee agreement with counsel. Doc #26. Accordingly,

3 the court determines that counsel has shown good cause to withdraw.
4 Pursuant to Civ LR 11-5 (a) , the court may permit

5 withdrawal of counsel when the client and all other parties who
6 have appeared are given written notice "reasonably in advance" of
7 the withdrawal. Defendants were given notice of counsel's intent

8 to withdraw on August 18, 2010. Doc #26 Exh A. The intervening

9 time period has provided defendants with suffiCiently reasonable

10 time to secure new counsel.

11 Counsel are DIRECTED to serve on defendants a copy of
12 this order and a copy of the order to show cause filed herewith.
13 Counsel shall file proof of service on defendants, at which time
14 counsel's motion for permission to withdraw shall be GRANTED. Doc
15 #25. The hearing scheduled for November 4, 2010 is VACATED.
16
17 IT IS SO ORDERED.
18
19
20 VAUGHN R WALKER
United States District Chief Judge
21
22
23
24
25
26
27
28

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5
6
7

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

11 DANIEL MCKELVEY, No C 10-1205 VRW

12 Plaintiff, ORDER
13 v

14 GLOBETRACK WIRELESS, INC et aI,

15 Defendants.
___________________________1
16
17
18 On November 8, 2010, the court entered an order
19 permitting counsel for defendants to withdraw. No substitute

20 counsel has entered an appearance for defendants.

21 Accordingly, defendants hereby ORDERED to SHOW CAUSE in

22 writing on or before November 29, 2010 why default should not be

23 entered pursuant to FRCP 55(a). Failure to respond to this order
24 shall be deemed grounds to find defendants in default.
25
26 IT I S SO ORDERED.

27
28 VAUGHN R WALKER
United States District Chief Judge
 Case3:10-cv-01205-VRW Document33 Filed11/17/10 Page5 of 5

PROOF OF SERVICE
(C.c.P. § 1013(a), 2015.5)

I am employed in the County of San Mateo, California. I am over the age of eighteen years
and not a party to the within action. My business address is the Law Offices of Michael E. Adams,
702 Marshall Street, Suite 300, Redwood City, California 94063.

On November 17, 2010, I served the attached NOTICE OF ORDERS GRANTING

PERMISSION FOR WITHDRA W AL OF DEFENDANTS' ATTORNEY, AND REQUIRING
DEFENDANTS TO SHOW CAUSE WHY THEIR DEFAULT SHOULD NOT BE ENTERED
on the parties in this action by transmitting true copies thereof as follows:

Attn: Michael Coker - President

GLOBETRACK WIRELESS
13915 Burnet Road, Suite 408
Austin, TX 78728
Email: mcoker@gtwgps.com

Attn: Michael Coker - President

SOS-WHERIFY, INC.
13915 Burnet Road, Suite 408
Austin, TX 78728
Email: mcoker@gtwgps.com

[X 1 (BY FEDERAL EXPRESS) I caused such sealed envelope to be delivered by

overnight service to the addressee noted above.

[Xl (BY EMAIL) I caused such sealed envelope to be transmitted by email to the
addressee noted above.

I, DEBRA BOWEN, declare under penalty of perjury under the laws of the State of
California, that the foregoing is true and correct. Executed this 17th day ofNovember, 2010,
at Redwood City, California.
.')

~<et/ c&lN/I<.J
DEBRA BOWEN