Stuckey v. U.S.A. Trucking Inc. et al

Filing 21

ORDER signed by Judge John A. Mendez on 3/20/2015 GRANTING 12 Motion to be Relieved as Counsel, effective 4/10/2015; STAYING this action until 4/10/2015; RELIEVING Attorney Dennis R. Murphy and Murphy Austin Adams and Schoenfeld LLP as counsel of r ecord for Defendants U.S.A. Trucking, Inc. and Gurtej Singh, effective 4/10/2015; ORDERING that the attorney remain as attorney of record, for purposes of granting time for the defendants to seek new counsel, until 4/10/2015; ORDERING the defendants to retain substitute counsel by 4/10/2015, CAUTIONING that a corporation may not represent itself without counsel, and without counsel, default may be entered against the corporation; ORDERING that the plaintiff not file or pursue any discovery durin g the period the Court allotted the defendants to attain new counsel; ALLOWING the plaintiff to pursue any planned or pending discovery motions after 4/10/2015; INFORMING the plaintiff that he may file an Ex Parte Motion to extend the discovery deadline, the pretrial conference date and the trial date, as necessary. (Michel, G.)

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1 2 3 4 DENNIS R. MURPHY, SBN 051215 MURPHY AUSTIN ADAMS SCHOENFELD LLP 304 “S” Street (95811-6906) Post Office Box 1319 Sacramento, California 95812-1319 Telephone: (916) 446-2300 Facsimile: (916) 503-4000 Email: dmurphy@murphyaustin.com 5 6 Attorneys for Defendants USA TRUCKING INC. and GURTEJ SINGH 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 11 VIRGIL STUCKEY, 12 ATTORNEYS AT LAW M URPHY A USTIN A DAMS S CHOENFELD LLP 10 Plaintiff, 13 USA TRUCKING INC., a California corporation; GURTEJ SINGH an individual and DOES 1 through 50, inclusive, ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL v. 14 Case No. 2:14-cv-1091-JAM-DAD 15 Date: March 11, 2015 Time: 9:30 a.m. Judge: John A. Mendez 16 Defendants. 17 18 19 The above-referenced matter (the “Action”) having come before the Court on March 11, 20 2015, on the Motion to Withdraw as Counsel of Record (“Motion”) filed by Dennis Murphy of 21 Murphy Austin Adams Schoenfeld LLP. The Court having reviewed the Motion, together with 22 the court file; having heard arguments of counsel; and having considered the applicable statutory 23 and case law, ORDERS as follow: 24 25 1. The Motion To Be Relieved as Counsel for Defendants U.S.A. Trucking, Inc. and Gurtej Singh is granted, effective April 10, 2015. 26 2. The Action is stayed until April 10, 2015. 27 3. Attorney Dennis R. Murphy and Murphy Austin Adams and Schoenfeld LLP are 28 hereby relieved as counsel of record for Defendants U.S.A. Trucking, Inc. and Gurtej Singh (the -1- 4743.001-1857498.1 1 Defendants”) and no longer represent the Defendants as counsel of record in the Action, effective 2 April 10, 2015. 3 4 4. Attorney for Defendants will remain as attorney of record, for purposes of granting time for Defendants to seek new counsel, until April 10, 2015. 5 5. Defendants shall have until April 10, 2015 to retain substitute counsel; otherwise, 6 Defendants shall be deemed as proceeding in a pro-per capacity. As stated in Court, and 7 understood by the Defendants, a corporation may not represent itself without counsel, and without 8 counsel, default may be entered against the corporation. 9 12 13 14 15 Plaintiff shall not file or pursue any discovery during the period that the Court allotted to Defendants to attain new counsel. 11 ATTORNEYS AT LAW M URPHY A USTIN A DAMS S CHOENFELD LLP 10 6. 7. Plaintiff may pursue any planned or pending discovery motions after April 10, 8. Plaintiff may file an Ex Parte Motion to extend the discovery deadline, the pre-trial 2015. conference date and the trial date, as necessary. IT IS SO ORDERED. 16 17 18 Dated: March 20, 2015 /s/ John A. Mendez____________ JOHN A. MENDEZ United States District Court Judge 19 20 21 22 23 24 25 26 27 28 -2- 4743.001-1857498.1

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