CSPC Dophen Corporation v. Hu

Filing 173

ORDER signed by Magistrate Judge Deborah Barnes on 3/6/19 GRANTING 172 Counsel Jack Duran, Jr.'s request to substitute in as counsel of record for defendant Zhixiang Hu. This matter is REFERRED back to the assigned District Judge in this c ase. The 3/22/19 hearing of defendant's motion for leave to file a second amended counterclaim is VACATED and shall be re-noticed before the assigned District Judge. Henceforth the caption on documents filed in this action shall be No. 2:17-cv-1895 MCE DB with the PS designation being eliminated. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CSPC DOPHEN CORPORATION,

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No. 2:17-cv-1895 MCE DB PS

Plaintiff,

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v.

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ZHIXIANG HU,

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ORDER

Defendant.

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On May 29, 2018, this matter was referred to the undersigned pursuant to Local Rule

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302(c)(21) and 28 U.S.C. § 636(b)(1) because defendant was proceeding in this action pro se.

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(ECF No. 68.) However, on March 1, 2019, attorney Jack Duran, Jr., filed a substitution of

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attorney on behalf of defendant. (ECF No. 172.) That substitution will be granted.

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Attorney Duran also provided a declaration seeking: (1) leave to file a first amended

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cross-complaint; (2) a 120-day extension of the discovery deadline; and (3) additional time to

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respond to discovery “motions presently scheduled to be heard on March 8, 2019.” (ECF No.

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172-1 at 2.) Although the undersigned did issue the current schedule in this action, because

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defendant is no longer proceeding pro se, this action is no longer referred to the undersigned

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pursuant to Local Rule 302(c)(1). Therefore, the undersigned cannot grant defendant leave to file

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an amended cross-complaint nor an extension of the discovery deadline. Those matters will have

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to be addressed by the assigned District Judge.
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However, pursuant to Local Rule 302(c)(1), the pending discovery motions remain

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referred to the undersigned. And the undersigned previously continued the hearing of those

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motions from March 8, 2019, to March 22, 2019. (ECF No. 171.) If defendant needs additional

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time, defendant shall first confer with plaintiff’s counsel and seek a stipulation.

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In short, because defendant is no longer proceeding pro se, Local Rule 302(c)(21) no

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longer applies and, accordingly, the case will be referred back to the assigned District Judge.

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Therefore, all pretrial motions, other than discovery motions, should now be noticed for hearing

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before the District Judge assigned to this action. The assigned magistrate judge shall continue to

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perform all duties described in Local Rule 302(c)(1)-(20).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Counsel’s request to substitute in as counsel of record (ECF No. 172) is granted;

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2. This matter is referred back to the District Judge assigned to this action pursuant to

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Local Rule 302(c)(21);

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3. The March 22, 2019 hearing of defendant’s motion for leave to file a second amended
counterclaim is vacated and shall be re-noticed before the assigned District Judge1; and

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4. Henceforth the caption on documents filed in this action shall be
No. 2:17-cv-1895 MCE DB with the “PS” designation being eliminated.

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IT IS SO ORDERED.
Dated: March 6, 2019

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DLB:6
DB\orders\orders.pro se\cspc1895.referback.ord

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The pending discovery motions, however, shall remain on the March 22, 2019 calendar.
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