Garcia v. City of Fresno, et al.

Filing 31

ORDER CONTINUING HEARING ON MOTION TO WITHDRAW AS ATTORNEY OF RECORD TO SEPTEMBER 13, 2017, AND DIRECTING PLAINTIFFS COUNSEL TO FILE A SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF THE MOTION TO WITHDRAW AS COUNSEL. IT IS HEREBY ORDERED that: The hearing on P laintiffs counsels motion to withdraw is CONTINUED from August 2, 2017, to September 13, 2017, at 10:00 a.m. in Courtroom 9; Roseanne Garcia and Rachel Curtice SHALL APPEAR at the Robert Coyle Federal Courthouse, 2500 Tulare Street, Fresno, CA on Sep tember 13, 2017, at 10:00 a.m. in Courtroom 9; Plaintiffs counsel shall personally serve a copy of this order and a copy of the July 3, 2017 motion to withdraw as counsel on Roseanne Garcia and Rachel Curtice and file proof of service on or before Au gust 30, 2017; Plaintiffs counsel shall file a supplemental affidavit in support of the motion to withdraw in compliance with Local Rule 182(d) on or before July 21, 2017; and Plaintiffs are forewarned that failure to appear at the September 13, 2017 hearing in compliance with this order may result in the issuance of sanctions, up to and including dismissal of this action. Signed by Magistrate Judge Stanley A. Boone on 7/11/2017. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROSEANNE GARCIA, et al.,
Plaintiffs,

12
13

Case No. 1:16-cv-01340-LJO-SAB
ORDER CONTINUING HEARING ON
MOTION TO WITHDRAW AS ATTORNEY
OF RECORD TO SEPTEMBER 13, 2017,
AND DIRECTING PLAINTIFFS’ COUNSEL
TO FILE A SUPPLEMENTAL AFFIDAVIT
IN SUPPORT OF THE MOTION TO
WITHDRAW AS COUNSEL

v.

14

CITY OF FRESNO, et al.,

15

Defendants.

(ECF No. 29)

16
17
18

Plaintiffs Roseanne Garcia and minor A.M., through her guardian ad litem Rachel

19 Curtice, filed the second amended complaint in this action on November 11, 2016. On July 3,
20 2017, Plaintiffs’ counsel filed a motion to withdraw as attorney of record. The motion to
21 withdraw is currently set to be heard on August 2, 2017, at 10:00 a.m.
22

Upon review of the motion to withdraw as attorney of record, the Court determines that it

23 is necessary to have Roseanne Garcia and Rachel Curtice, as guardian ad litem for A.M., present
24 for the hearing. Therefore, the hearing shall be continued to September 13, 2017, and Plaintiffs’
25 counsel shall be required to personally serve Roseanne Garcia and Rachel Curtice with a copy of
26 this order to appear for the September 13, 2017 hearing and the July 3, 2017 motion to withdraw.
27

Upon a review of Plaintiffs’ counsel’s motion to withdraw and the attached affidavit of

28 Cameron Sehat, the Court finds that Plaintiffs’ counsel shall file a supplemental affidavit in

1

1 support of the motion to withdraw. Local Rule 182(d) provides that “[t]he attorney shall provide
2 an affidavit stating the current or last known address or addresses of the client and the efforts
3 made to notify the client of the motion to withdraw.” L.R. 182(d). Mr. Sehat’s June 30, 2017
4 affidavit does not state the current or last known address of Roseanne Garcia and the efforts
5 made to notify Roseanne Garcia of the motion to withdraw.
6

Based on the foregoing, IT IS HEREBY ORDERED that:

7

1.

The hearing on Plaintiffs’ counsel’s motion to withdraw is CONTINUED from
August 2, 2017, to September 13, 2017, at 10:00 a.m. in Courtroom 9;

8
2.

9

Roseanne Garcia and Rachel Curtice SHALL APPEAR at the Robert Coyle

10

Federal Courthouse, 2500 Tulare Street, Fresno, CA on September 13, 2017,

11

at 10:00 a.m. in Courtroom 9;
3.

12

Plaintiffs’ counsel shall personally serve a copy of this order and a copy of the

13

July 3, 2017 motion to withdraw as counsel on Roseanne Garcia and Rachel

14

Curtice and file proof of service on or before August 30, 2017;
4.

15

Plaintiffs’ counsel shall file a supplemental affidavit in support of the motion to
withdraw in compliance with Local Rule 182(d) on or before July 21, 2017; and

16
5.

17

Plaintiffs are forewarned that failure to appear at the September 13, 2017 hearing

18

in 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:

July 11, 2017
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28

2