JOINT APPLICATION OF NICHOLAS R. LANE AND ARNOLD I. BERSCHLER TO SUBSTITUTE LANE OUT AS ATTORNEY OF RECORD FOR PLAINTIFFS AND SUBSTITUTION BERSCHLER

SAUNDRA BROWN ARMSTRONG, Senior District Judge.

JOINT APPLICATION AND STIPULATION PURSUANT TO L.R. 7.11, 7.12

May it please this Honorable Court:

Attorney of record for the plaintiffs, Nicholas R. Lane, and attorney Arnold I. Berschler jointly move the Court for administrative relief, pursuant to Local Rule of Court, 7.11; et seq., F.R.Civ.P. 1 and stipulate pursuant to L.R. 7.12. These applicants request that the Court act without any hearing upon this application. Good Cause for such a procedure is shown below. The relief sought is an order substituting out Nicholas R. Lane as plaintiffs' attorney of record and substituting in Arnold I. Berschler, as plaintiffs' attorney of record. THE GROUNDS BEING: (1) On the date on which Nicholas R. Lane ("Lane") filed this action, he used his ECF-based identity as an associate of Berschler Associates, PC due to the fact that he was an associate of Berschler Associates, PC regarding this matter. (2) Each plaintiff, Meree Mused and Saleem Mohamed, have each retained Arnold I. Berschler (Berschler) and Berschler Associates, PC, in writing, and not Nicholas R. Lane, as their attorney in the matter which now forms the gravamen of their complaint in this action at all relevant times. (3) Mr. Lane no longer is associated with Berschler Associates, PC. (4) Mr. Lane no longer has any duties regarding the representation of either plaintiff in this action. (5) Mr. Lane desires to dissociate himself from this action altogether; wherefore, Mr. Lane stipulates and respectfully prays the Court issue its order substituting him out and substituting Mr. Berschler in as plaintiffs' counsel of record. (6) Mr. Berschler is admitted to practice before this Court and has his own ECF identity enabling him to log into the Court's ECF system for all permitted purposes. (7) Mr. Berschler desires to substitute in as each plaintiff's attorney of record; wherefore, he stipulates and respectfully prays this court order such substitution. (8) As of the date of submission of this joint application, no defendant has appeared in the action (the Court respectfully is requested to take judicial notice of its Docket in this action.) (9) Each plaintiff is a merchant mariner who presently is at sea, to Lane's and Berschler's current understanding and belief.

POINTS AND AUTHORITIES

It appears that this administrative motion pursuant to Local Rule 7.11 — and requesting the Court act without any hearing thereon — appears to be proper procedure under these circumstances. F.R.Civ.P.1 provides the Honorable Court with jurisdiction, in addition to the inherent authority of the Court to make administrative orders.

DECLARATIONS AND STIPULATION

Nicholas R. Lane and Arnold I. Berschler hereby respectively declare under penalty of perjury, base upon their respective personal knowledge, that the facts in the above appearing GROUNDS are true and correct; further, if called, both Lane and Berschler would competently testify thereto.

Nicholas R. Lane and Arnold I. Berschler hereby stipulate and respectfully pray that the Honorable Court issue its orders:

1. Substituting out Nicholas R. Lane as the attorney of record for both Meree Mused and for Saleem Mohamed in this action.

2. Substituting in Arnold I. Berschler as the attorney of record for both Meree Mused and for Saleem Mohamed in this action.

3. That the Clerk of the Court enter such substitutions into the Court's ECF record in this action in due course.

EXECUTED and SO STIPULATED on April 1, 2016 at Fort Bragg, California.

EXECUTED and SO STIPULATED on March 31, 2016 at San Francisco, California.

[proposed] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.