Padilla v. California Department of Corrections & Rehabilitation et al
Filing
34
ORDER signed by District Judge John A. Mendez on 1/3/2017 ORDERING the parties to immediately meet and discuss this case; STAYING this case for 30 days to allow the plaintiff time to retain new counsel; CAUTIONING the plaintiff that a failure to secu re new counsel will result in self-representation and the referral of this case to the magistrate judge pursuant to E.D. Cal. L.R. 302(c)(21); CONTINUING the Motion Hearing on 28 Motion to Modify Scheduling Order and 32 Motion for Terminating Sanctions to 3/21/2017 at 01:30 PM in Courtroom 6 (JAM) before District Judge John A. Mendez; ORDERING the parties to file a joint status report by 2/6/2017. CASE STAYED. (Michel, G.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MERCEDES PADILLA,
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No.
2:15-cv-02509-JAM-CKD
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION;
DIVISION OF JUVENILE JUSTICE;
STATE OF CALIFORNIA;
DEPARTMENT OF YOUTH
AUTHORITY; DAN VALDEZ; ERIN
BROOK; and DONNIE ALEXANDER,
Defendants.
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The Court recently learned from defense counsel that
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Plaintiff Mercedes Padilla’s attorney, Daniel Mitchell, has died.
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After receiving Plaintiff’s contact information from defense
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counsel, the Court contacted Padilla to inquire whether she knew
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her attorney had passed and whether she wanted to continue with
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this litigation.
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Padilla indicated that she knew her attorney had passed and
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that he died before her deposition.
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on December 30, 2016, she spoke with her attorney’s investigator.
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Padilla also indicated that,
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During that conversation, Padilla learned that her attorney’s son
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had collected client files and that the California State Bar
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would provide her a list of attorneys.
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received that list from the California State Bar.
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Padilla said she has not
The Court orders both parties to meet either in person or
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via telephone immediately to discuss this case.
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stayed for 30 days in order to allow Plaintiff time to retain new
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counsel.
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to represent herself and the Court will refer her case to the
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The case is
If Plaintiff does not find new counsel, she will have
magistrate judge.
See E.D. Cal. L.R. 302(c)(21).
Defendants’ Motion for Judgment on the Pleadings, ECF No.
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23, remains under submission.
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Scheduling Order, ECF No. 28, and Motion for Terminating
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Sanctions, ECF No. 32, have been continued to March 21, 2017 at
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1:30PM.
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later than February 6, 2017.
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IT IS SO ORDERED.
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Dated:
Defendants’ Motion to Modify the
The parties are ordered to file a joint status report no
January 3, 2017
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/s/ John A. Mendez___________ ____
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UNITED STATES DISTRICT COURT JUDGE
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