Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 91

ORDER signed by Magistrate Judge Allison Claire on 08/02/16 ordering the 08/31/16 hearing on defendants' motion for summary judgment is vacated. All briefing on defendants' motion for summary judgment is stayed pending resolution of couns el's forthcoming motion to withdraw, at which time new deadlines will be set. Plaintiff's counsel shall have 30 days from service of this order to file a motion to withdraw. If counsel fails to file a motion to withdraw, briefing on the m otion for summary judgment will resume without delay and no further extensions to file an opposition will be granted. The 10/20/16 pretrial conference, 12/12/16 trial and pretrial deadlines are hereby vacated. Trial will be re-set, if necessary, after resolution of the motion for summary judgment. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOHN PHILIP MONCRIEF,

12

Plaintiff,

13
14
15

No. 2:12-cv-0414 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Currently before the court is the parties’ stipulation to extend the time for plaintiff to

18
19

oppose defendants’ motion for summary judgment. ECF No. 90. In the motion, plaintiff’s

20

counsel states that irreconcilable differences have developed between counsel and plaintiff that

21

make representation impossible under the Rules of Professional Responsibility. Id. at 1. Counsel

22

intends to file a motion to withdraw and requests to stay the proceedings so that plaintiff can

23

retain new counsel or continue in pro se.

24

Accordingly, IT IS HEREBY ORDERED that:

25

1. The August 31, 2016 hearing on defendants’ motion for summary judgment is vacated.

26

2. All briefing on defendants’ motion for summary judgment is stayed pending resolution

27

of counsel’s forthcoming motion to withdraw, at which time new deadlines will be set.

28

////
1

1

3. Plaintiff’s counsel shall have thirty days from service of this order to file a motion to

2

withdraw. If counsel fails to file a motion to withdraw, briefing on the motion for summary

3

judgment will resume without delay and no further extensions to file an opposition will be

4

granted.

5

4. The October 20, 2016 pretrial conference, December 12, 2016 trial, and pretrial

6

deadlines are hereby vacated. Trial will be re-set, if necessary, after resolution of the motion for

7

summary judgment.

8

DATED: August 2, 2016

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2