AT&T Mobility, LLC v. Yeager, et al.

Filing 216

ORDER signed by Judge Kimberly J. Mueller on 8/24/15 ORDERING that the hearing set for 8/25/15 at 10:00 a.m. is RESET for 9/14/2015 at 01:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Parsons Behle & Latimer may appear at the 9/14/15 hearing by telephone. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AT&T MOBILITY LLC,

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No. 2:13-cv-0007-KJM-DAD

Plaintiff,
v.

ORDER

GENERAL CHARLES E. “CHUCK”
YEAGER (RET.), et al.,
Defendants.

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By previous order, the court set a hearing for Tuesday, August 25, 2015, at 10:00

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a.m. and ordered General Yeager to appear and answer the court’s questions regarding his

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competence to proceed further without representation. Order Aug. 11, 2015, at 6, ECF No. 205.

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The court also ordered General Yeager to submit evidence of his competency for the court’s in

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camera review by August 21, 2015. Id. The Yeagers submitted some documents on that date,

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including information from a physician who apparently has played a role in General Yeager’s

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medical treatment. See Objections and Resp. 6, ECF No. 214.

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On August 20, 2015, the court denied without prejudice General and Victoria

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Yeager’s ex parte application to continue that hearing and filing deadline. ECF No. 208. The

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Yeagers have since filed a renewed application, citing scheduled medical appointments and the

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need to collect more evidence of the General’s competency; the renewed request is verified but
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sparse, without supporting documentation. ECF No. 212. The Yeagers have also requested the

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hearing be continued to no earlier than September 14, 2015, or taken off calendar entirely,

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reporting (1) General Yeager consents to a limited conditional appointment of a guardian ad

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litem, and (2) “General Yeager has assigned his rights in this case and the underlying rights to

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both Victoria Yeager and himself in joint ownership with right of survival.” ECF No. 214.

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In consideration of these filings and in camera submissions, the court orders as
follows:

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(1) The hearing set for August 25, 2015, at 10:00 a.m. is RESET for September 14,

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2015, at 1:30 p.m. The parties should consider this a firm date not subject to

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change. General Yeager shall appear, prepared to provide testimony in response to

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the court’s questions about his ability to proceed further without counsel in this

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case.

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(2) Parsons Behle & Latimer may appear at the September 14, 2015 hearing by

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telephone. See ECF Nos. 206, 209.

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(3) General and Mrs. Yeager shall arrange to have Colonel Matthew P. Wonnacott,

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M.D. appear at the hearing on September 14, 2015 to give testimony about

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General Yeager’s ability to proceed without representation in this case. General

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Yeager and Mrs. shall immediately serve this order on Colonel Wonnacott and file

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proof of such service on the court’s docket.

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(4) No later than August 31, 2015, General and Mrs. Yeager shall submit the

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following for the court’s in camera review, without filing on the court’s docket:

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(a) Medical records documenting General Yeager’s hearing loss, accompanied by

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affidavit(s) of treating physician(s) describing that hearing loss and its likely

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effects on General Yeager’s ability to represent himself in this case;

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(b) Other medical records, including but not limited from Colonel Wonnacott, that

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address directly or indirectly General Yeager’s competence; and

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(c) The assignment of rights described in paragraph sixteen of the declaration of
Victoria Yeager, filed August 24, 2015, ECF No. 214-1.
IT IS SO ORDERED.
DATED: August 24, 2015.

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UNITED STATES DISTRICT JUDGE

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