Ceja v. Commissioner of Social Security

Filing 22

ORDER granting 17 Motion to Withdraw as Attorney signed by Magistrate Judge Sheila K. Oberto on 3/22/2017. Attorney Jacob John Larsen and Lawrence David Rohlfing terminated from action. (Filing Deadline set for 4/21/2017 for Plaintiff to file an opening brief). (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 SOCORRO CERVANTES CEJA, 9 10 Plaintiff, 11 v. 12 13 Case No. 1:16-cv-00729-SKO ORDER GRANTING MOTION TO WITHDRAW AND RESETTING DEADLINES (Doc. 17) COMMISSIONER OF SOCIAL SECURITY, Defendant. 14 _____________________________________/ 15 16 17 Before the Court is the Motion to Withdraw as Attorney of Record (the “Motion”) filed by 18 Plaintiff’s attorney, Lawrence D. Rohlfing. (Doc. 17.) By its order entered on January 18, 2017 19 (the “Order”), the Court ordered “that by no later than February 8, 2017 (1) Plaintiff may file an 20 21 22 opposition to the Motion, if he so chooses; and (2) Defendant may file an opposition or statement of non-opposition to the Motion.”1 (Doc. 18.) To date, no party has filed an opposition or statement of non-opposition to the Motion. 23 24 25 26 27 28 1 In its Order, the Court also directed Plaintiff’s counsel “by no later than January 20, 2017 to (1) notify Plaintiff of the Motion by any and all known methods to communicate with Plaintiff; and (2) send a copy of this minute order to Plaintiff by any and all known addresses for Plaintiff.” (Doc. 18.) Plaintiff’s counsel subsequently filed documentation demonstrating that Plaintiff was served with the Motion on January 18, 2017, (Doc. 19), and the Court’s Order on January 24, 2017, (Doc. 20). 1 Accordingly, for good cause shown, the Court GRANTS the Motion. (Doc. 17.) The 2 Court therefore DIRECTS the Clerk to remove Lawrence D. Rohlfing as an attorney of record for 3 Plaintiff in this matter.2 The Court notes that Plaintiff’s opening brief was due by January 23, 2017. However, 4 5 Plaintiff has not filed an opening brief to date. 6 As such, the Court ORDERS that, by no later than April 21, 2017, Plaintiff must (1) file an 7 opening brief; (2) retain new counsel who file a notice of appearance on behalf of Plaintiff on the 8 docket for this case; or (3) notify the Court of Plaintiff’s request to dismiss this matter. The 9 Court CAUTIONS Plaintiff that, if one of these events does not occur by April 21, 2017, the 10 Court shall enter an order to show cause as to why the Court should not dismiss this case, in 11 its entirety. 12 The Court DIRECTS the Clerk to send a copy of this order to the following last-known 13 address for Plaintiff, as provided by his former counsel: 223 Buchanan Street, Coalinga, CA 14 93210. 15 16 IT IS SO ORDERED. 17 Dated: March 22, 2017 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2 The Court notes that Jacob John Larsen, with the Law offices of Lawrence D. Rohlfing, remains on the docket for this case as an attorney of record for Plaintiff. (See Doc. 10.) Nonetheless, in the Motion, Mr. Rohlfing indicates that Plaintiff is now without counsel. (See Doc. 17 at 4.) 2

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