Pinder v. Employment Development Department, et al

Filing 31

ORDER signed by Judge Lawrence K. Karlton on 8/12/14 ORDERING the 6/13/14 motion of Lawrance Bohm, Esq. and Erik Roper, Esq. to withdraw as counsel for plaintiff 22 is granted; Plaintiff Frank Pinder shall proceed in propria persona and the C lerk is directed to change the record in this action accordingly and to include Mr. Pinder's address as set forth on 28 on the service list in this action; Plaintiff's 6/13/14 motion to continue the trial and modify dates set in the scheduling order 23 is granted; In view of plaintiff's pro se status, this matter is referred to the assigned magistrate judge for all further pretrial proceedings, including issuance of a modified scheduling order as requested in the 6/13/14 motion to continue trial and modify dates. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANK PINDER,

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No. CIV. S-13-817 LKK/AC

Plaintiff,
v.

ORDER

EMPLOYMENT DEVELOPMENT
DEPARTMENT; RICHARD ROGERS;
DAVID DERKS and DOES 1-50,
inclusive,

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Defendants.
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Lawrance A. Bohm and Erik M. Roper, together with their law

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firms, the Bohm Law Group

and Law Office of Erik M. Roper, move

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to withdraw as counsel for plaintiff.

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2014, plaintiffs’ attorneys were granted until July 30, 2014 in

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which to file either an affidavit from plaintiff that includes

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his current address and demonstrates compliance with Rule 3-

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700(C)(5) of the California Rules of Professional Conduct or a

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declaration under seal that makes a showing sufficient to satisfy

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the requirements of Rule 3-700 of the California Rules of

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Professional Conduct.

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affidavit of Frank Pinder, which includes his current address.

By order filed July 21,

On July 30, 2014, counsel filed an

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In the affidavit, Mr. Pinder avers that he knowingly and freely

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assents to the termination of his counsel in this matter.

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Affidavit of Frank Pinder (ECF No. 28) at 2.

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In the July 21, 2014 order, plaintiff’s attorneys were also

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directed to file a declaration in the public record establishing

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compliance with Cal. Prof. Conduct Rule 3-700(D) (regarding

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client files and retainer agreement funds) and the

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representations in counsel’s affidavit concerning waiver of

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expenses and recovery of attorney fees, or what steps they have

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taken to comply.

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granted an additional five days to comply with this part of the

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July 21, 2014 order.

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required declaration.

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satisfied, and good cause appearing, counsels’ motion to withdraw

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will be granted.

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By order filed August 6, 2014, they were

On August 11, 2014, counsel filed the
The foregoing requirements having been

On June 13, 2014, plaintiff also filed a motion to modify

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the scheduling order in this action.

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statement of non-opposition to this motion.

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appearing, it will be granted.

Defendants have filed a
Good cause

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

The June 13, 2014 motion of Lawrance Bohm, Esq. and Erik

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Roper, Esq. to withdraw as counsel for plaintiff (ECF No. 22) is

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granted;

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2.

Plaintiff Frank Pinder shall proceed in propria persona

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and the Clerk of the Court is directed to change the record in

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this action accordingly and to include Mr. Pinder’s address as

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set forth on ECF No. 28 on the service list in this action;

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3.

Plaintiff’s June 13, 2014 motion to continue the trial
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and modify dates set in the scheduling order (ECF No. 23) is

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granted;

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In view of plaintiff’s pro se status, pursuant to Local

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Rule 302(c)(21), this matter is referred to the assigned

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magistrate judge for all further pretrial proceedings, including

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issuance of a modified scheduling order as requested in the June

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13, 2014 motion to continue trial and modify dates.

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DATED:

August 12, 2014.

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