Vail v. City of Sacramento

Filing 42

ORDER signed by Magistrate Judge Deborah Barnes on 1/7/2019 GRANTING 41 Motion for Extension of Time and CONTINUING 37 Motion to Dismiss Hearing to 2/15/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiff shall file an opposition or statement of non-opposition to 37 Motion to Dismiss on or before 2/1/2019. Plaintiff is cautioned that the failure to timely comply with this order may result in the dismissal of this action. (Huang, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TERRENCE VAIL,

12

No. 2:16-cv-2673 DB PS

Plaintiff,

13

v.

14

ORDER

CITY OF SACRAMENTO,

15

Defendant.

16
17

On November 21, 2018, defendant filed a motion to dismiss.1 (ECF No. 37.) On

18

December 4, 2018, the hearing of defendant’s motion was continued to January 11, 2019. (ECF

19

No. 39.) On December 28, 2018, plaintiff filed a request for a continuation of the January 11,

20

2019 hearing. (ECF No. 41.) The request asserts that plaintiff “has retained Attorney Jessica

21

Anne Warne,” “request[s] to sub in Ms. Warne” as plaintiff’s counsel, and asks for “a 1 or 2-

22

month continuance[.]” (Id. at 1.)
Plaintiff is advised that pursuant to Local Rule 182(g), substitution occurs when “[a]n

23
24

attorney . . . has appeared in an action” and seeks to “substitute another attorney and thereby

25

withdraw from the action[.]” The proposed substitution must “set forth the full name and address

26

of the new individual attorney and shall be signed by the withdrawing attorney, the new attorney,

27
28

1

The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. § 636(c)(1). (ECF No. 12.)
1

1

and the client.” Here, plaintiff’s filing does not provide the address of attorney Warne nor is the

2

filing signed by attorney Warne. And attorney Warne has yet to appear in this action.

3

Nonetheless, given plaintiff’s representations and pro se status, plaintiff’s request will be

4

granted. Plaintiff is cautioned that no further extensions of time will be granted for this purpose

5

absent a showing of good cause.

6

Accordingly, IT IS HEREBY ORDERED that:

7

1. Plaintiff’s December 28, 2018 request for a continuation (ECF No. 41) is granted;

8

2. The January 11, 2018 hearing of defendant’s motion to dismiss (ECF No. 37) is

9

continued to Friday, February 15, 2019, at 10:00 a.m., at the United States District Court, 501 I

10
11
12
13

Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
3. Plaintiff shall file an opposition or statement of non-opposition to defendant’s motion
to dismiss on or before February 1, 2019; and
4. Plaintiff is cautioned that the failure to timely comply with this order may result in the

14

dismissal of this action.

15

Dated: January 7, 2019

16
17
18
19
20
21
22
23

DLB:6
DB/orders/orders.consent/vail2673.cont.hrg.ord

24
25
26
27
28
2