Ledesma, et al. v. Kern County, et al.

Filing 30

ORDER GRANTING Substitution of Attorneys #23 - #28 ; ORDER GRANTING Request to Withdraw Motion to Withdraw as Counsel of Record #19 #29 ; ORDER WITHDRAWING Order for Reports from Counsel 22 ; ORDER to Plaintiffs Marissa Ledesma and Ronnie Ledesma to SHOW CAUSE Why the Matter Should Not Be Dismissed for Their Lack of Competency, signed by Magistrate Judge Jennifer L. Thurston on 6/18/2015. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ADRIANA LEDESMA, et al.,

12
13
14
15
16
17
18
19
20

Plaintiffs,
v.
COUNTY OF KERN, et al.,
Defendants.

Case No.: 1:14-CV-01634 LJO JLT
ORDER GRANTING SUBSTITUTION OF
ATTORNEYS (Doc. 23-29)
ORDER GRANTING REQUEST TO
WITHDRAW MOTION TO WITHDRAW AS
COUNSEL OF RECORD (Doc. 19, 29)
ORDER WITHDRAWING ORDER FOR
REPORTS FROM COUNSEL (Doc. 22)
ORDER TO PLAINTIFFS MARISSA LEDESMA
AND RONNIE LEDESMA TO SHOW CAUSE
WHY THE MATTER SHOULD NOT BE
DISMISSED FOR THEIR LACK OF
COMPETENCY

Before the Court are Plaintiffs’ motions to substitute counsel. Plaintiffs seek to substitute Mark

21

Geragos of Geragos & Geragos, APC, 644 South Figueroa Street, Los Angeles, CA as counsel of

22

record for Federico C. Sayre who has been representing them. (Docs. 23-29) Good cause appearing, the

23

court hereby GRANTS Plaintiffs’ request and approves the substitution. (Docs. 23-29)

24

Given the substitution of the attorney for Plaintiffs, prior counsel, Mr. Sayre has filed a

25

statement (Doc. 29) indicating that he withdraws his motion to be relieved of counsel. (Doc. 19) This

26

request is GRANTED and the motion to withdraw (Doc. 19) is TERMINATED.

27
28

Mr. Sayre reports also that, due to the substitution or counsel, he felt it was prudent to not file a
report detailing the nature of the dispute between him and Plaintiffs; the Court agrees. (Doc. 29 at 2)
1

1

Likewise, he reports that he failed to seek appointment of a guardian ad litem for the minors and has

2

alerted new counsel of this issue. Id. Thus, the order requiring the filing of the confidential report

3

(Doc. 22) is WITHDRAWN.

4

Because it appears the minors are proceeding in this matter without a duly appointed guardian

5

ad litem, the Court ORDERS Plaintiffs Marissa Ledesma and Ronnie Ledesma to show cause in

6

writing within 14 days why the matter should not be dismissed as to them for their lack of competency

7

to sue. Alternatively, they may file motions for appointment of a guardian ad litem during this same

8

14-day period. Failure to comply will result in a recommendation the matter be dismissed as to the

9

children.

10
11
12
13

IT IS SO ORDERED.
Dated:

June 18, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2