Tarschilla Foriest v. Commissioner of Social Security

Filing 15

ORDER SETTING HEARING ON MOTION TO WITHDRAW AS COUNSEL FOR SEPTEMBER 5, 2018, AND DIRECTING PLAINTIFFS COUNSEL TO FILE A SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF THE MOTION TO WITHDRAW AS COUNSEL. IT IS HEREBY ORDERED that:Plaintiffs counsels motion to withdraw shall be set for hearing on September 5, 2018, at 10:00 a.m., in Courtroom 9; Tarschilla Foriest SHALL APPEAR at the Robert Coyle Federal Courthouse, 2500 Tulare Street, Fresno, CA on September 5, 2018, at 10:00 a.m. in Courtroom 9; Plaintif fs counsel shall personally serve a copy of this order and a copy of the motion to withdraw as counsel on Plaintiff and file proof of service on or before August 22, 2018; Plaintiffs counsel shall file a supplemental affidavit in support of the motio n to withdraw in compliance with Local Rule 182(d) on or before August 3, 2018; andPlaintiff is forewarned that failure to appear at the September 5, 2018 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 7/25/2018. (Hernandez, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

TARSCHILLA FORIEST,
Plaintiff,

12
13
14
15

Case No. 1:17-cv-01567-SAB
ORDER SETTING HEARING ON MOTION
TO WITHDRAW AS COUNSEL FOR
SEPTEMBER 5, 2018, AND DIRECTING
PLAINTIFF’S COUNSEL TO FILE A
SUPPLEMENTAL AFFIDAVIT IN
SUPPORT OF THE MOTION TO
WITHDRAW AS COUNSEL

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

16
17

On July 23, 2018, Plaintiff’s counsel filed a motion to withdraw as counsel of record in

18 this action. The motion was served on Plaintiff, but did not set a date for the motion to be heard.
19 Local Rule 230(b). Pursuant to Local Rule 230, the Court shall set the motion for hearing on
20 September 5, 2018, at 10:00 a.m. in Courtroom 9. The Court will order Plaintiff to personally
21 appear at the hearing and Plaintiff’s counsel shall personally serve Plaintiff with a copy of this
22 order and a copy of the motion to withdraw. If Plaintiff’s counsel and Defendant’s counsel wish
23 to appear at the hearing telephonically, they may contact Courtroom Deputy Mamie Hernandez
24 at [phone] to obtain the teleconference number and pass code prior to the hearing.
25

Upon a review of Plaintiff’s counsel’s motion to withdraw and the attached declaration of

26 Laura Krank, the Court finds that Plaintiff’s counsel shall file a supplemental affidavit in support
27 of the motion to withdraw. Local Rule 182(d) provides that “[t]he attorney shall provide an
28 affidavit stating the current or last known address or addresses of the client and the efforts made

1

1 to notify the client of the motion to withdraw.” L.R. 182(d). Ms. Krank’s July 23, 2018
2 declaration does not state the current or last known address of Plaintiff and the efforts made to
3 notify Plaintiff of the motion to withdraw.
4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

Plaintiff’s counsel’s motion to withdraw shall be set for hearing on September 5,
2018, at 10:00 a.m., in Courtroom 9;

6
2.

7

Tarschilla Foriest SHALL APPEAR at the Robert Coyle Federal Courthouse,

8

2500 Tulare Street, Fresno, CA on September 5, 2018, at 10:00 a.m. in

9

Courtroom 9;
3.

10

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

11

motion to withdraw as counsel on Plaintiff and file proof of service on or before

12

August 22, 2018;
4.

13

Plaintiff’s counsel shall file a supplemental affidavit in support of the motion to
withdraw in compliance with Local Rule 182(d) on or before August 3, 2018; and

14
5.

15

Plaintiff is forewarned that failure to appear at the September 5, 2018 hearing in

16

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

17

including dismissal of this action.

18
19

IT IS SO ORDERED.

20 Dated:

July 25, 2018
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28

2