Johnson v. Patel

Filing 45

ORDER signed by District Judge Kimberly J. Mueller on 10/02/17 SANCTIONING Mr. Welch in the amount of $250, payable to the Clerk of the Court within 14 days. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:14-cv-02052-KJM-DB

Plaintiff,
v.

ORDER

MIKE PATEL, et al.,
Defendants.

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Defense counsel Michael D. Welch moved to withdraw as counsel, contending he

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has lost all contact with his client, Mike Patel. ECF No. 41 (filed June 16, 2017). But the

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applicable local rule mandates that before any such withdrawal, the attorney must “provide an

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affidavit stating the current or last known address or addresses of the client and the efforts made

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to notify the client of the motion to withdraw.” E.D. Cal. L.R. 182(d). Neither Mr. Welch’s

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declaration nor his motion provides his client’s last known address and instead describes

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generally unanswered e-mails, phone calls and visits. See ECF Nos. 41, 41-1. Finding the detail

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insufficient, the court ordered Mr. Welch to file a supplemental rule-compliant brief. ECF No. 43

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(issued Aug. 22, 2017). Receiving no response, the court ordered Mr. Welch to show cause

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within seven days why he should not be sanctioned $250 for his non-compliance. ECF No. 44

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(issued Sept. 19, 2017). The deadline has lapsed and Mr. Welch has yet to file any response.

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Accordingly, the court SANCTIONS Mr. Welch in the amount of $250, payable to
the Clerk of the Court within fourteen days of this order.
IT IS SO ORDERED.
DATED: October 2, 2017.

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UNITED STATES DISTRICT JUDGE

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