Johnson v. Pick 6 Tahoe LLC

Filing 64

ORDER signed by Magistrate Judge Deborah Barnes on 5/22/23 ORDERING that within seven days of the date of this order defense counsel shall file a declaration addressing defense counsel's discussions with the defendant with respect to the parties' 3/23/22 stipulation, without discussing any privileged information. Defense counsel shall file proof of service of the declaration on the defendant with 14 days of the date of filing the declaration. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN JOHNSON,

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No. 2:19-cv-2186 DB

Plaintiff,

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v.

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ORDER

PICK 6 TAHOE LLC,

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Defendant.

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This matter came before the undersigned on May 19, 2023, for hearing of defense

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counsel’s motion to withdraw.1 (ECF No. 63.) Attorney Joshua Watson appeared via Zoom on

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behalf of plaintiff. Attorney Morgan Mack appeared via Zoom on behalf of defendant. At the

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hearing, the court asked defense counsel to address whether defense counsel had discussed the

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terms of the parties’ March 20, 2022 stipulation with the defendant. Review of defense counsel’s

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answer reflects that defense counsel may have misunderstood the court’s question and provided

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an answer with respect to the parties’ May 13, 2022 settlement agreement. The court, however,

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was inquiring with respect to the parties’ March 23, 2022 stipulation and proposed order to

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amend the scheduling order. (ECF No. 32.)

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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. 20.).
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Accordingly, IT IS HEREBY ORDERED that:

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1. Within seven days of the date of this order defense counsel shall file a declaration

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addressing defense counsel’s discussions with the defendant with respect to the parties’ March

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23, 2022 stipulation, without discussing any privileged information;

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2. Defense counsel’s declaration shall state the date(s) defense counsel discussed the

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proposed March 23, 2022 stipulation with the defendant, the format of the discussion(s) (phone

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call, email, text, in person meeting, etc.), and the duration;

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3. Defense counsel’s declaration shall also address whether defense counsel believed the
defendant fully understood the terms of the March 23, 2022 stipulation and what basis forms
defense counsel’s belief; and
4. Defense counsel shall file proof of service of the declaration on the defendant with 14

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days of the date of filing the declaration.

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Dated: May 22, 2023

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DLB:6
DB\orders\orders.consent\johnson2186.mot.withdraw.addl.decl.ord

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