Garcia v. Cargill Meat Solutions Corporation

Filing 16

ORDER VACATING The Initial Scheduling Conference. ORDER DIRECTING Plaintiff to file a Motion to Withdraw or Attorney Substitution within Forty-Five Days. The Initial Scheduling Conference set for January 31, 2017 is VACATED. In the interim, Plainti ff is directed to file a motion to withdraw as counsel of record or a substitution of attorney on or before March 10, 2017. If no motion is filed, the Court intends to set a STATUS CONFERENCE for March 15, 2017 in Courtroom 8 before United States Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 1/24/2017. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSE GARCIA,
Plaintiff,

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Case No. 1:16-cv-1138 DAD-BAM
ORDER VACATING THE INITIAL
SCHEDULING CONFERENCE

v.
ORDER DIRECTING PLAINTIFF TO FILE
A MOTION TO WITHDRAW OR
ATTORNEY SUBSTITUTION WITHIN
FORTY-FIVE DAYS

CARGILL MEAT SOLUTIONS
CORPORATION

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Defendant.
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On January 23, 2017, Plaintiff’s counsel Richard Moser, through his wife Roxanna
Moser, filed a “Notice of Incapacity of Attorney.” (Doc. 14). Mrs. Moser’s declaration states
that Plaintiff’s counsel, having been diagnosed with congestive heart failure on January 19, 2017,
is “completely physically unable to practice law.” Declaration of Roxanna Moser (“Moser
Decl.”), at 1, (Doc. 14). Given Mr. Moser’s inability to continue representation, the notice
further directs Plaintiff to retain new counsel and make the necessary arrangements to procure
his client file. Mrs. Moser, who is not licensed to practice law and does not represent Plaintiff
Jesse Garcia, also outlines an ongoing discovery dispute with Defendant Cargill Meat Solutions
Corporation. Moser Decl. at 2.
On January 23, 2017, Defendant filed a response to the discovery dispute allegations but

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1 did not address counsel’s incapacitated state.1
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Based on the representations of Mrs. Moser, the Initial Scheduling Conference set for

3 January 31, 2017 is VACATED. In the interim, Plaintiff is directed to file a motion to withdraw
4 as counsel of record or a substitution of attorney on or before March 10, 2017. If no motion is
5 filed, the Court intends to set a STATUS CONFERENCE for March 15, 2017 in Courtroom 8
6 before United States Magistrate Judge Barbara A. McAuliffe.
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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 24, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Given the posture of this case and Plaintiff’s failure to comply with Local Rule 251 for motions

27 regarding discovery disagreements, the Court declines to address this discovery dispute, not properly before the
Court, at this time. L.R. 251.
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