M. (minor), et al v. Schwarzenegger, et al.

Filing 20

ORDER TO RESET MOTION HEARING as to 18 MOTION to WITHDRAW as ATTORNEY :Motion Hearing RESET from 6/29/2016 to 8/31/2016 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 6/21/2016. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

M., et al.,
Plaintiffs,

12
13
14
15

Case No. 1:15-cv-01709-LJO-SAB
ORDER CONTINUING HEARING ON
MOTION TO WITHDRAW TO AUGUST
31, 2016; DIRECTING PLAINTIFFS TO
PROVIDE PROOF OF APPOINTMENT OF
GUARDIAN AD LITEM; AND DIRECTING
DEFENDANTS TO FILE AN OPPOSITION
OR STATEMENT OF NON-OPPOSITION

v.
SCHWARZENEGGER, et al.,
Defendants.

(ECF No. 18)

16
17
18
19

Plaintiffs Ramona Talamantez and minors C. M and I. M filed this civil rights action on

20 November 9, 2015, pursuant to 42 U.S.C. § 1983 alleging deliberate indifference in violation of
21 the Eighth Amendment caused the death of their son/father. While the complaint was filed “by
22 and through her guardian ad litem” neither minor plaintiff has sought to have this court appoint a
23 guardian ad litem to represent them in this action or submitted any documentation that a guardian
24 ad litem was appointed by the state court. On May 23, 2016, Plaintiffs’ counsel filed a motion to
25 withdraw as attorney of record. The motion to withdraw is currently set to be heard on June 29,
26 2016 at 10:00 a.m.
27

Upon review of the motion to withdraw, the Court determines that it is necessary to have

28 Plaintiff Talamantez, Helen Cervantes, and Adelita Montes present for the hearing. Therefore,

1

1 the hearing shall be continued to August 31, 2016, and Plaintiffs’ counsel shall be required to
2 personally serve the Plaintiffs with a copy of this order to appear for the August 31 hearing.
3

Based on the foregoing, IT IS HEREBY ORDERED that:

4

1.

The hearing on counsel’s motion to withdraw is CONTINUED from June 29,
2016, to August 31, 2016 at 10:00 a.m. in Courtroom 9;

5
2.

6

Ramona Talamantez, Helen Cervantes and Adelita Montes SHALL APPEAR at

7

the Robert Coyle Federal Courthouse, 2500 Tulare Street, Fresno, CA on

8

August 31, 2016 at 10:00 a.m. in Courtroom 9;
3.

9

Plaintiffs’ counsel shall personally serve a copy of this order on Ramona

10

Talamantez, Helen Cervantes and Adelita Montes and file proof of service at least

11

fourteen (14) days prior to the August 31, 2016 hearing;
4.

12

Plaintiffs C. M. and I. M. shall file proof of appointment of a guardian ad litem
within fourteen (14) days from the date of entry of this order;

13
5.

14

Defendants shall file an opposition or a statement of non-opposition to the motion

15

to withdraw within fourteen (14) days from the date of entry of this order, Local

16

Rule 230(c); and
6.

17

Plaintiffs are forewarned that failure to appear at the August 31, 2016 hearing in

18

compliance with this order may result in the issuance of sanctions, up to and

19

including dismissal of this action.

20
21

IT IS SO ORDERED.

22 Dated:

June 21, 2016
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28

2