Meyers v. County of Sacramento et al

Filing 51

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/31/20 DIRECTING Stratton Barbee and Dennise Henderson to file a Notice of Appearance on plaintiff's behalf if they intend to continue representing plaintiff. If no notice of appearance is filed, the court will presume counsel is not representing plaintiff and will not act in that manner going forward. (cc Stratton Barbee & Dennise Henderson) (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN MEYERS,

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No. 2:16-cv-01121-MCE-CKD PS
Plaintiff,

v.

ORDER

COUNTY OF SACRAMENTO, et al.,
Defendants.

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On January 8, 2020, plaintiff filed a response to defendants’ motion for summary

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judgment. (ECF No. 50.) The document was electronically filed using counsel Stratton Barbee’s

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CM/ECF user name and password. Stratton Barbee was terminated as plaintiff’s counsel of

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record on July 17, 2018. (See ECF Nos. 23, 24.)

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Attached to plaintiff’s response is a declaration of counsel Dennise Henderson in support

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of the response; she avers that she contacted defendants’ counsel on plaintiff’s behalf regarding

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the motion for summary judgment. (ECF No. 50.) Dennise Henderson was terminated as counsel

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of record on July 17, 2018. (ECF Nos. 23, 24.)

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Despite having been relieved as counsel at their request one and a half years ago, Stratton

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Barbee and Dennise Henderson are acting on plaintiff’s behalf in a representative capacity. Both

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counsel must file a notice of representation if they intend to continue representing plaintiff.

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Otherwise, the court cautions them against acting on plaintiff’s behalf, including using their
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CM/ECF login for plaintiff’s filings and contacting opposing counsel.
Accordingly, IT IS HEREBY ORDERED that no later than January 17, 2020, Stratton

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Barbee and Dennise Henderson shall file a notice of appearance on plaintiff’s behalf if they

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intend to continue representing plaintiff. If no notice of appearance is filed, the court will

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presume counsel is not representing plaintiff and will not act in that manner going forward,

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including using their CM/ECF login for filings and/or contacting defendants’ counsel.

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IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this order to

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Stratton Barbee and Dennise Henderson via the court’s electronic notification system.

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Dated: January 13, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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