Taylor v. PM Realty Group et al

Filing 25

ORDER DISCHARGING Order to Show Cause 23 ; ORDER to Plaintiff to File a Substitution of Counsel Within 21 Days, signed by Magistrate Judge Jennifer L. Thurston on 2/14/2014. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LOWELL TAYLOR,
Plaintiff,

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v.
PM REALTY GROUP, et al.,

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Defendants.

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Case No.: 1:13-cv-00123 - AWI - JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE; ORDER TO PLAINTIFF TO FILE A
SUBSTITUTION OF COUNSEL WITHIN 21
DAYS

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On February 5, 2014, the Court ordered Plaintiff to show cause why this matter should not be

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dismissed for failure to prosecute. (Doc. 23) At that time, the Court had learned that counsel of

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record, Stephen Wainer, was no longer eligible to practice and it appeared he had abandoned this

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litigation. Id. The Court granted Plaintiff 14 days to respond in writing why the matter should not be

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dismissed. Id.

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On February 13, 2014, Plaintiff filed a declaration in which he reports that in December 2013,

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Mr. Wainer told Plaintiff that Wainer intended to move to Alaska and that Plaintiff would need to

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secure alternate counsel at some point. (Doc. 24 at 1) Plaintiff indicates that Waiver did not tell him

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when Wainer intended to move and, apparently, Plaintiff chose not to ask. Id. Plaintiff reports that he

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visited Mr. Wainer’s office at some point later and called, but Wainer’s office was closed. Id. at 2.

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Finally, Plaintiff denies that he knew that his deposition had been noticed and reports that he wishes to

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proceed with this case. He reports that he has attempted to obtain alternate counsel but has not yet

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been successful. Id. Plaintiff seeks 60 days within which to obtain new counsel. Id.

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Notably, Plaintiff fails to explain when he realized that Mr. Wainer had closed his office or

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why he will need 60 days in order to secure new counsel. Moreover, though recognizing that Mr.

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Wainer is no longer acting on his behalf, he fails to explain why Mr. Wainer should remain as counsel

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of record.

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Accordingly, IT IS HEREBY ORDERED:

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either substituting new counsel for Mr. Wainer, substituting himself for Mr. Wainer and

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proceeding as a self-represented litigant or dismissing the case;

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Within 21 days of the date of service of this order, Plaintiff SHALL file a document

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The Clerk is DIRECTED to serve this order via United States mail upon Plaintiff at the
following address:

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Lowell Taylor
1411 S. Divisadero St. #8
Visalia, CA 93277.

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Failure to comply with this order will result in a recommendation that the matter be dismissed.

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IT IS SO ORDERED.
Dated:

February 14, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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