Gonzalez v. Department (Bureau) of Real Estate et al

Filing 163

ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2020 GRANTING defendants' 162 Motion for Extension of Time on the meet and confer requirement. Plaintiff is ORDERED to submit the name and contact information of his "substitute d attorney" to both the Court and to Defense Counsel no later than Thursday, 1/30/2020, at 2:00 PM. Regardless of whether Plaintiff has been successful at obtaining counsel, both he and any potential attorney are informed that the Court' s prior order compelling Plaintiff to sit for an oral deposition remains in full effect. Plaintiff shall sit for an oral deposition sometime prior to 2/6/2020. The hearing on Plaintiff's 152 Motion to Alter or Amend remains set for 2/13/2020, at 10:00 AM. The Clerk of the Court is directed to serve this order on Plaintiff at the email address listed in ECF No. 162 Exhibit 2, and is further directed to serve this order on Plaintiff by priority mail with delivery confirmation to Plaintiff's address. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANIEL GONZALEZ,

12

Plaintiff,

13
14
15

v.

No. 2:15-cv-2448-TLN-KJN PS
ORDER
(ECF No. 162)

DEPARTMENT (BUREAU) OF REAL
ESTATE., et al.
Defendants.

16

This case concerns Plaintiff’s allegations of wrongful revocation of his real estate license,

17
18

as against individual employees of the Department (“Bureau”) of Real Estate.1 (See ECF No. 136

19

at p. 2.) In December 2019, Defendant moved to compel Plaintiff, currently proceeding pro se, to

20

sit for an oral deposition. (ECF No. 153.) The Court granted the motion, ordered the parties to

21

confer by January 21, 2020, on potential dates, and ordered the deposition be held sometime prior

22

to February 6, 2020. (ECF No. 161.)
On January 24, Defendants requested an extension of time on the date to confer. (ECF

23
24

No. 162.) Defense Counsel represented he emailed Plaintiff on January 15, proposing eight

25

potential dates for the deposition. (Id. at p. 6.) On January 21, Plaintiff responded by email,

26

stating he has “arranged to substitute an attorney in this matter and possible appeal.” (Id. at p. 9.)

27
28

1

Plaintiff represents herself in this action without the assistance of counsel; thus, this case
proceeds before the undersigned pursuant to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
1

1

Plaintiff’s email states “[t]he attorney should be in contact with you shortly this week.” (Id.)

2

However, the letter does not provide any information about this attorney, save for a Cc: to “Mr.

3

Wright.” (Id.) Defense Counsel responded, informing Plaintiff that if he is in fact represented by

4

counsel, the rules bar him from communicating directly with Plaintiff. (Id. at p. 11.) Defense

5

Counsel requested Plaintiff provide the attorney’s contact information, but states that as of

6

January 24, neither Plaintiff nor any attorney has responded. (Id. at p. 3, ¶ 4.)

7

Given Plaintiff’s previous delays, the Court is skeptical of Plaintiff’s representations

8

concerning any potential attorney. (See ECF No. 158 at fn. 3.) However, the Court is sensitive––

9

generally speaking––to matters of client representation. Therefore, IT IS ORDERED:
1. Defendants’ motion for extension of time on the meet and confer requirement (ECF

10
11

No. 162) is GRANTED;

12

2. Plaintiff is ORDERED to submit the name and contact information of his “substituted

13

attorney” to both the Court and to Defense Counsel no later than Thursday, January

14

30, 2020, at 2:00 p.m.;

15

3. Regardless of whether Plaintiff has been successful at obtaining counsel, both he and

16

any potential attorney are informed that the Court’s prior order compelling Plaintiff to

17

sit for an oral deposition (ECF No. 161) remains in full effect. Plaintiff shall sit for an

18

oral deposition sometime prior to February 6, 2020;
4. The hearing on Plaintiff’s Motion to Alter or Amend (ECF No. 152) remains set for

19
20

February 13, 2020, at 10:00 A.M., with a briefing schedule defined by Local Rule 230;

21

and

22

5. The Clerk of the Court is directed to serve this order on Plaintiff at the email address

23

listed in ECF No. 162 Exhibit 2, and is further directed to serve this order on Plaintiff

24

by priority mail with delivery confirmation to Plaintiff’s address.

25

Dated: January 27, 2020

26
27
gonz.2448

28
2