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