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.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MERCEDES PADILLA, 12 13 14 15 16 17 18 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. 19 20 The Court recently learned from defense counsel that 21 Plaintiff Mercedes Padilla’s attorney, Daniel Mitchell, has died. 22 After receiving Plaintiff’s contact information from defense 23 counsel, the Court contacted Padilla to inquire whether she knew 24 her attorney had passed and whether she wanted to continue with 25 this litigation. 26 Padilla indicated that she knew her attorney had passed and 27 that he died before her deposition. 28 on December 30, 2016, she spoke with her attorney’s investigator. 1 Padilla also indicated that, 1 During that conversation, Padilla learned that her attorney’s son 2 had collected client files and that the California State Bar 3 would provide her a list of attorneys. 4 received that list from the California State Bar. 5 Padilla said she has not The Court orders both parties to meet either in person or 6 via telephone immediately to discuss this case. 7 stayed for 30 days in order to allow Plaintiff time to retain new 8 counsel. 9 to represent herself and the Court will refer her case to the 10 11 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. 12 23, remains under submission. 13 Scheduling Order, ECF No. 28, and Motion for Terminating 14 Sanctions, ECF No. 32, have been continued to March 21, 2017 at 15 1:30PM. 16 later than February 6, 2017. 17 IT IS SO ORDERED. 18 Dated: Defendants’ Motion to Modify the The parties are ordered to file a joint status report no January 3, 2017 19 /s/ John A. Mendez___________ ____ 20 UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?