Birrell, et al., v. Fox, et al.,

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/2018 ORDERING counsel for plaintiffs shall serve a copy of his 21 motion to withdraw on plaintiff Randy Gutschenritter and file a certificate of service with this court by 10/3/2018. Counsel's failure to do so may result in monetary sanctions. The deadlines established in the court's 11/1/2017 scheduling order are STAYED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID WESLEY BIRRELL, et al.,

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Plaintiffs,

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No. 2:16-cv-1818 JAM CKD P

v.

ORDER

ROBERT W. FOX,

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Defendant.

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Plaintiffs are current or former California prisoners proceeding through counsel with a

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claim for injunctive relief arising under the Eighth Amendment. Defendant is the Warden at the

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California Medical Facility in Vacaville. On April 3, 2018, counsel for plaintiffs filed a motion to

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withdraw. The motion was stricken, in part, because the motion was not served on all plaintiffs

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identified by counsel in the operative amended complaint. Counsel for plaintiffs filed a second

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motion to withdraw on June 22, 2018. While counsel filed a certificate of service which indicates

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the motion was served on 16 of the plaintiffs identified in the amended complaint, the certificate

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does not indicate the motion was served on the 17th plaintiff, Randy Gutschenritter.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Counsel for plaintiffs shall serve a copy of his June 22, 2018 motion to withdraw on

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plaintiff Randy Gutschenritter and file a certificate of service with this court by October 3, 2018.

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Counsel’s failure to do may result in monetary sanctions.

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2. The deadlines established in the court’s November 1, 2017 scheduling order are stayed.
Dated: September 27, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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