Andre-Gollihar v. County of San Joaquin, et al

Filing 85

ORDER signed by Magistrate Judge Kendall J. Newman on 6/10/2013 ORDERING a Status Conference set for 7/25/2013 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Status Reports, preferably a joint status report, is due by 7/18/2013. Clerk shall serve a copy of the 6 Order on plaintiffs. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SANDRA ANDRE-GOLLIHAR, et al.,

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Plaintiffs,

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No. 2:09-cv-3313 TLN KJN PS

v.
COUNTY OF SAN JOAQUIN, et al.,
Defendants.

ORDER
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On January 9, 2013, plaintiffs’ former counsel, Francis Shehadeh, was terminated

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as counsel of record by the district judge after Mr. Shehadeh failed to comply with, and respond

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to, the court’s orders. (ECF No. 75.) At that time, plaintiffs were granted 60 days to obtain new

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counsel and defendants were directed to refrain from filing any dispositive motions during that

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time period. (Id.) On April 30, 2013, plaintiffs were granted another extension to obtain

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counsel. (ECF No. 80.) However, plaintiffs subsequently indicated that efforts to obtain counsel

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had been unsuccessful, because they were unable to obtain their files and records from plaintiffs’

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former counsel, as well as certain reports and documents concerning the underlying incident(s)

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from defendants, which potential new counsel apparently represented they required to determine

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whether they could represent plaintiffs. (ECF No. 83.) Plaintiffs also filed several “requests” for

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the court to rule on the discoverability of these files and records. (ECF No. 81, 82.)
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Consequently, on June 7, 2013, the action was referred to the undersigned

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pursuant to Local Rule 302(c)(21) for appropriate pretrial proceedings. (ECF No. 84.)

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In light of the above, IT IS HEREBY ORDERED that:

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1. A status conference in this matter is set for Thursday July 25, 2013, at 10:00

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a.m., in courtroom number 25 before the undersigned.

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2. No later than July 18, 2013, the parties shall file status reports, preferably a

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joint status report, addressing the specific topics outlined in the court’s previous April 7, 2010

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order setting status conference. (See ECF No. 7 at 2-3.) The parties shall also be prepared to

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discuss plaintiffs’ above-mentioned requests. (ECF Nos. 81, 82.)

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3. Failure to timely file a status report may result in sanctions, including a

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potential recommendation that this case be dismissed with prejudice pursuant to Rule 41(b) of

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the Federal Rules of Civil Procedure, or other appropriate sanctions.

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4. Any routine motion practice in this matter continues to be stayed pending the
status conference.
5. The Clerk of Court shall serve a copy of the court’s previous April 7, 2010
order setting status conference on plaintiffs along with this order.
IT IS SO ORDERED.
DATED: June 10, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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