Baca v. County of Siskiyou et al

Filing 31

ORDER signed by Judge Lawrence K. Karlton on 1/29/13 GRANTING 24 Motion to Disqualify counsel. The two separate 11 and 23 Motions to Dismiss are STAYED pending substitution of counsel. The County defendants are given no more than 30 days to f ind new counsel. New counsel is given 15 days thereafter to either re-notice or withdraw the pending motion to dismiss. Defendant Guarino's motion will be set for hearing the same day as any motion re-noticed by County defendants. The Scheduling Conference is CONTINUED to 5/13/2013 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Updated status reports due no later than 14 days prior to conference. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAULA BACA, an individual,

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Plaintiff,
NO. CIV. S-12-2055 LKK/GGH

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v.
COUNTY OF SISKIYOU, a political
subdivision of the State of
California, SISKIYOU COUNTY
BOARD OF SUPERVISORS and
THOMAS GUARINO, ANN WAITE,
ROSE ANN HERRICK, DAVID
PRENTICE, as individuals,
and Does 1-10,

O R D E R

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Defendants.
/

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Pending before the court is Defendant Guarino’s motion to

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disqualify the counsel for Defendants County of Siskiyou, Siskiyou

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County Board of Supervisors, Ann Waite, Rose Ann Herrick, and David

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Prentice (collectively, “County Defendants”). Def’s Mot., ECF No.

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Having found that a sufficient possibility exists that a

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conflict of interest will arise in Cota Cole, LLP’s representation

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of the County Defendants in this case, given Defendant Prentice’s
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prior independent conversations regarding the matter at hand with

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Defendant Guarino, Cota Cole, LLP may not continue to represent the

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County Defendants in this matter.

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counsel is, therefore, GRANTED.

Guarino’s motion to disqualify

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The two separate motions to dismiss portions of Plaintiff’s

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complaint, ECF Nos. 11, 23, brought by County Defendants, and

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Defendant Guarino, respectively, are STAYED, pending the County

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Defendants’ substitution of counsel.

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The County Defendants are given no more than thirty (30) days

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from the issuance of this order to find new counsel.

The new

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counsel is given fifteen (15) days thereafter to either re-notice

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or withdraw the pending motion to dismiss.

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Defendant Guarino’s motion to dismiss will be set for hearing

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the same day as any motion to dismiss re-noticed by County

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Defendants.

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The scheduling conference in this matter, currently set for

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February 4, 2013, at 3:30 PM, is CONTINUED to May 13, 2013, at

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10:00 A.M. before Judge Lawrence K. Karlton.

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file updated status reports no later than 14 days prior to the

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status conference.

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IT IS SO ORDERED.

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DATED:

January 29, 2013.

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The parties SHALL