Sarver v. The City of Bakersfield

Filing 25

ORDER DISCHARGING 23 Order to Show Cause, signed by Magistrate Judge Jennifer L. Thurston on 2/2/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BREN SARVER,

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Plaintiff,
v.
THE CITY OF BAKERSFIELD,
Defendant.

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Case No.: 1:14-cv-00141- JLT
ORDER DISCHARGING ORDER TO SHOW
CAUSE
(Doc. 24)

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On January 9, 2015, the Court granted Plaintiff’s former attorneys’ motion to withdraw from

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his representation. (Doc. 23) In addition, the Court ordered Plaintiff to show cause within 21 days

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why the matter should not be dismissed for his failure to prosecute this action. Id. at 3.

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On January 29, 2015, Plaintiff filed a letter disputing that he had failed to maintain contact

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with his lawyers though he provided no explanation for why, if this was the case, he failed to respond

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to the requests of counsel to allow them to substitute off the case or why he failed to respond to their

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motion to withdraw. (Doc. 24) In any event, Plaintiff asserts that he has consulted a new lawyer who

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is “actively reviewing” his case and that he intends to prosecute this action. Id. Thus, the order to

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show case is DISCHARGED.

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However, Plaintiff is ORDERED to either substitute counsel into this case to represent him or

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to take action all necessary steps to prosecute this case on his own. He is advised that the longer he

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waits to bring in new counsel, the less likely it is that the Court will be willing to extend the deadlines
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set forth in the case schedule. Indeed, due to Plaintiff’s failure to allow his previous counsel to

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withdraw without the need for a motion, the case has been at a virtual standstill since early December;

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no further unnecessary delays will be tolerated.

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Failure to comply with the Court’s order will result in the imposition of sanctions up to
and including dismissal of this action.

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IT IS SO ORDERED.
Dated:

February 2, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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