Vail v. City of Sacramento
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TERRENCE VAIL,
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No. 2:16-cv-2673 DB PS
Plaintiff,
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v.
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ORDER
CITY OF SACRAMENTO,
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Defendant.
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On November 21, 2018, defendant filed a motion to dismiss.1 (ECF No. 37.) On
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December 4, 2018, the hearing of defendant’s motion was continued to January 11, 2019. (ECF
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No. 39.) On December 28, 2018, plaintiff filed a request for a continuation of the January 11,
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2019 hearing. (ECF No. 41.) The request asserts that plaintiff “has retained Attorney Jessica
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Anne Warne,” “request[s] to sub in Ms. Warne” as plaintiff’s counsel, and asks for “a 1 or 2-
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month continuance[.]” (Id. at 1.)
Plaintiff is advised that pursuant to Local Rule 182(g), substitution occurs when “[a]n
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attorney . . . has appeared in an action” and seeks to “substitute another attorney and thereby
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withdraw from the action[.]” The proposed substitution must “set forth the full name and address
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of the new individual attorney and shall be signed by the withdrawing attorney, the new attorney,
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The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. § 636(c)(1). (ECF No. 12.)
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and the client.” Here, plaintiff’s filing does not provide the address of attorney Warne nor is the
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filing signed by attorney Warne. And attorney Warne has yet to appear in this action.
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Nonetheless, given plaintiff’s representations and pro se status, plaintiff’s request will be
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granted. Plaintiff is cautioned that no further extensions of time will be granted for this purpose
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absent a showing of good cause.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s December 28, 2018 request for a continuation (ECF No. 41) is granted;
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2. The January 11, 2018 hearing of defendant’s motion to dismiss (ECF No. 37) is
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continued to Friday, February 15, 2019, at 10:00 a.m., at the United States District Court, 501 I
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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
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dismissal of this action.
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Dated: January 7, 2019
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DLB:6
DB/orders/orders.consent/vail2673.cont.hrg.ord
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