Benno et al v. Shasta County, California et al
ORDER signed by District Judge Troy L. Nunley on 4/27/17, ORDERING that pursuant to Local Rule 137(b), Plaintiffs are to send the word processing version of their Substitution of Attorney and Proposed Order to firstname.lastname@example.org.(Kastilahn, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES MICHAEL BENNO, JESSICA
ELAINE BENNO, JACOB DANIEL
BENNO, LOGAN WAYNE BENNO,
MARCIA JONES, DENNIS PERON,
BRIAN MONTERROZO, RICHARD
YOUNG, CHARLES B. McINTOSH,
JESSICA CONCHA SOLANO,
NICHOLAS NEAL BOLTON, WALTER
CARNEY, JERILYN CARNEY, and,
SHASTA COUNTY, SHASTA COUNTY
SHERIFF’S DEPARTMENT, THOMAS
BOSENKO, in his capacity as Sheriff of
Shasta County, DALE FLETCHER, TOM
BARNER, SHASTA COUNTY CODE
ENFORCEMENT, SHASTA COUNTY
BOARD OF SUPERVISORS, LESTER
BAUGH, and DOES 1 to 10,
On January 18, 2017, the Court notified the parties of Michael Pappas’s ineligibility to
practice before this Court. (ECF No. 13.) Plaintiffs were afforded ninety days to find new
counsel. On April 19, 2017, Plaintiffs filed a proposed substitution of attorney (ECF No. 14) in
which they seek to have Jennifer McGrath substituted as their counsel. Defendants filed
objections to Plaintiffs’ proposed substitution of attorney. (ECF No. 15.) In their objections,
Defendants assert that Ms. McGrath is a part of the law firm of McGrath, Pappas & Pincheff, the
same law firm as Mr. Pappas. Defendants ask the Court to deny Ms. McGrath’s substitution
application because she failed to notify the Court of her connection with Mr. Pappas and that their
law firm continues to represent Plaintiffs. (ECF No. 15 at 2.)
Defendants do not provide the Court with a reason to deny Ms. McGrath’s application.
Plaintiffs are entitled to the attorney of their choosing and have chosen Ms. McGrath. The Court
will not deny Plaintiffs their right to choose their representation because Defendants contend that
Ms. McGrath may have a connection with an ineligible attorney. The Court did not disqualify
Mr. Pappas’s firm, if in fact Ms. McGrath is a part of the firm.
Pursuant to Local Rule 137(b), Plaintiffs are ordered to send the word processing version
of their Substitution of Attorney and Proposed Order to email@example.com.
IT IS SO ORDERED.
Dated: April 27, 2017
Troy L. Nunley
United States District Judge
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?