Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 82

ORDER Setting Hearing on Motion to Withdraw as Counsel of Record for Plaintiff David Phillips-Kerley 81 signed by Magistrate Judge Barbara A. McAuliffe on 8/3/2020. Supplemental Briefing due by 8/14/2020. Opposition or Statement on Non-Opposition due by 9/4/2020. Motion Hearing set for 9/11/2020 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,
Plaintiff,

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Case No. 1:18-cv-00438-AWI-BAM
ORDER SETTING HEARING ON
MOTION TO WITHDRAW AS COUNSEL
OF RECORD FOR PLAINTIFF DAVID
PHILLIPS-KERLEY

v.
CITY OF FRESNO FIRE DEPARTMENT, et
al.,
Defendants.

(Doc. No. 81)
Date:
September 11, 2020
Time:
9:00 AM
Courtroom: 8 (BAM)

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On July 30, 2020, Ronald P. Ackerman, Oshea V. Orchid, and Allison M. Schulman,

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counsel for Plaintiff David Phillips-Kerley (“Plaintiff”), filed a proposed substitution of

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attorney seeking to substitute Plaintiff in propria persona as counsel of record. (Doc. No. 81.)

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Local Rule 182(g) permits an attorney who has appeared in an action to substitute another

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attorney and thereby withdraw from the action by submitting a substitution of attorney. L.R.

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182(g). However, an attorney may not withdraw leaving the client in propria persona without

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leave of court upon noticed motion and notice to the client and all other parties who have

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appeared. L.R. 182(d).

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Plaintiff’s counsel’s proposed substitution of attorney leaves Plaintiff in propria persona

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and does not comply with the requirements of Local Rule 182(d). The Court will therefore

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construe the substitution of attorney as a motion to withdraw and direct Plaintiff’s counsel to

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submit supplemental briefing which complies with Local Rule 182(d).

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The Court further notes that it appears Plaintiff has recently attempted to file documents
with the Court himself, rather than through counsel. Pending an order granting counsel leave to

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withdraw, Plaintiff remains represented by counsel and the Court therefore cannot accept any

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documents for filing directly from Plaintiff or consider their contents.

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Accordingly, IT IS HEREBY ORDERED:
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The substitution of attorney filed on July 30, 2020 (Doc. No. 81) is hereby

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construed as a motion to withdraw as counsel for Plaintiff. Ronald P. Ackerman, Oshea V.

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Orchid, and Allison M. Schulman, counsel for Plaintiff, shall file supplemental briefing

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addressing the requirements of Local Rule 182(d) on or before August 14, 2020. Counsel for

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Plaintiff shall serve Plaintiff with a copy of the supplemental briefing at his last known address

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of record and shall file proof of such service with the Court. Any opposition or statement of

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non-opposition to the motion shall be filed on or before September 4, 2020. If Plaintiff desires

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to file an opposition or statement of non-opposition to the motion, counsel for Plaintiff shall

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assist him with electronically filing any such documents with the Court;

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2.

The motion to withdraw as counsel for Plaintiff SHALL BE HEARD on Friday,

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September 11, 2020, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge

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Barbara A. McAuliffe. The parties are encouraged to appear at the motion hearing by

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telephone with each party using the following dial-in number and access code: dial-in number

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1-877-411-9748; access code 3219139; and

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3.

Counsel for Plaintiff is directed to promptly serve Plaintiff with a copy of this

Order at his last known address of record and to file proof of such service with the Court.

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

August 3, 2020

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UNITED STATES MAGISTRATE JUDGE

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