Williams-Carter et al v. Commissioner of Social Security

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 06/06/14 ordering plaintiff shall file a written respons to plaintiff's counsel's motion to withdraw no later than 07/07/14. The response shall indicate whether or not plaintiff consen ts to withdrawal of plaintiff's counsel, and if not, the reasons therefor. Alternatively, if plaintiff does not wish for her case to be pursued at this juncture, she may file a statement consenting to dismissal of the action without prejudice n o later than 07/07/14. The briefing deadlines in this action are temporarily suspended. The court will issue a further order concerning briefing deadlines after resolution of the pending motion to withdraw. The clerk of the court shall serve a cop y of this order on plaintiff herself at the last-known address for plaintiff provided by plaintiff's counsel in the proof of service of the motion to withdraw: Sheila Williams-Carter, 730 31st Street, Oakland, California, 94609. Plaintiff' s counsel shall also use his best efforts to attempt to provide plaintiff with notice of this order through any e-mail address or telephone number for plaintiff that plaintiff's counsel may have. (Copy of this order served by mail on plaintiff at 730 31st Street, Oakland, CA 94609)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHEILA WILLIAMS-CARTER,

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Plaintiff,

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No. 2:13-cv-1744-KJN

v.

ORDER

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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On June 5, 2014, plaintiff’s counsel filed a motion to withdraw as counsel for plaintiff.

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(ECF No. 16.) Plaintiff’s counsel indicates that there has been a breakdown in communication

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with plaintiff, making it impractical for him to continue to represent plaintiff effectively. The

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motion outlines plaintiff’s counsel’s efforts to communicate with plaintiff concerning the desired

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withdrawal, and the proof of service indicates that the motion to withdraw was served on plaintiff

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on June 5, 2014 by First Class Mail at her last-known address. (ECF No. 16-2.)
Plaintiff’s motion for summary judgment is presently due on June 9, 2014, after the court

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has already granted two extensions of time to file the motion. (ECF No. 15.) The latest extension

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was apparently requested by plaintiff’s counsel in light of an anticipated motion to withdraw and

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to permit plaintiff to retain new counsel. (ECF No. 14.)

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

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1. Plaintiff shall file a written response to plaintiff’s counsel’s motion to withdraw no

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later than July 7, 2014. The response shall indicate whether or not plaintiff consents

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to withdrawal of plaintiff’s counsel, and if not, the reasons therefor.

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2. Alternatively, if plaintiff does not wish for her case to be pursued at this juncture, she

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may file a statement consenting to dismissal of the action without prejudice no later

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than July 7, 2014.

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3. Failure to file either a written response to the motion to withdraw or a statement of

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consent to dismissal of the action by the required deadline will be deemed a statement

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of non-opposition to the motion to withdraw, and will result in a summary grant of the

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motion to withdraw, leaving plaintiff to proceed in this action without counsel.

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4. The briefing deadlines in this action are temporarily suspended. The court will issue a

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further order concerning briefing deadlines after resolution of the pending motion to

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withdraw.

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5. The Clerk of Court shall serve a copy of this order on plaintiff herself at the last-

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known address for plaintiff provided by plaintiff’s counsel in the proof of service of

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the motion to withdraw: Sheila Williams-Carter, 730 31st Street, Oakland, California

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94609.

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6. Plaintiff’s counsel shall also use his best efforts to attempt to provide plaintiff with

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notice of this order through any e-mail address or telephone number for plaintiff that

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plaintiff’s counsel may have.

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IT IS SO ORDERED.
Dated: June 6, 2014

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