Giraldes v. Prebula, et al

Filing 184

ORDER signed by Judge Lawrence K. Karlton on 8/31/2011 ORDERING that Ellen Dove, appointed counsel for Pltf, is RELIEVED of the appointment. Counsel is ORDERED to release all client papers and property to clients within 14 days. The Trial Confirmatio n Hearing is CONTINUED to 12/19/2011 at 01:30 PM so that the Court can attempt to find volunteer counsel for Pltf. The Court DECLINES to issue an order on Pltf's 179 urgent request that the Court recognize that dfts are altering documents in his central file. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY GIRALDES, JR.,

12

Plaintiff,

NO. CIV. S-01-2110 LKK/EFB
13
14
15

v.

O R D E R

T. PREBULA, et al.,
Defendants.
/

16
17

On August 18, 2011, plaintiff, a prisoner proceeding with

18

appointed counsel, filed a declaration stating that he has never

19

been contacted by his appointed counsel and that he has been

20

attempting to reach her for months. (Doc. No. 176). The following

21

day, the court ordered counsel for plaintiff to respond within a

22

week. (Doc. No. 177). Counsel submitted several documents under

23

seal responding to plaintiff’s contentions. (Doc. Nos. 181-83). On

24

August 25, 2011, plaintiff submitted an “urgent request” that the

25

court recognize that defendants are altering documents in his

26

central file. (Doc. No. 180). As an example, plaintiff has provided
1

1

two versions of a document apparently from his central file in

2

which one has a hand written notation absent in the other version.

3

(Id.) Plaintiff claims that the document without the note was

4

submitted in support of defendant’s summary judgment motion and the

5

document with the note was copied from his central file. He also

6

indicated that his mother has informed him that his counsel is

7

resigning from this case. (Id.) A trial confirmation hearing in

8

this case is currently set for September 12, 2011.

9
10

In light of the following, the court ORDERS as follows:
(1)

Ellen C. Dove, appointed counsel for

plaintiff, is

11

relieved of the appointment. She no longer represents

12

plaintiff.

13

(2)

Counsel is ORDERED to release all client papers and

14

property to clients within fourteen (14) days of the

15

date

16

pleadings, deposition transcripts, exhibits, physical

17

evidence, expert reports, and other items reasonably

18

necessary to the clients’ representation, whether the

19

clients have paid for them or not, in accordance with

20

Rule 3-700(D) of the California Rules of Professional

21

Conduct.

22

(3)

of

this

order,

including

correspondences,

The trial confirmation hearing in the above captioned

23

case is continued to December 19, 2011 at 1:30 p.m. so

24

that the court can attempt to find volunteer counsel for

25

plaintiff.

26

(4)

The court declines to issue an order on plaintiff’s
2

1

urgent request that the court recognize that defendants

2

are altering documents in his central file. After the

3

court determines whether it can find a new volunteer

4

lawyer to represent plaintiff, plaintiff, either with or

5

without counsel, will have an opportunity to object to

6

defendants’ exhibits and, to the extent relevant at

7

trial, cross-examine defendants in light of the alleged

8

alterations to any documents.

9
10

IT IS SO ORDERED.
DATED: August 31, 2011.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3