Means v. City and County of San Francisco, Department of Public Health

Filing 60

ORDER shortening time on motion to withdraw and vacating trial date re 58 . Signed by Judge Thelton E. Henderson on 10/08/10. (tehlc2, COURT STAFF) (Filed on 10/8/2010)

Means v. City and County of San Francisco, Department of Public Health

Doc. 60

1 2 3 4 5 6 7 8 9 10 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SHERRY LYNN MEANS, Plaintiff, NO. C09-0941 TEH ORDER SHORTENING TIME ON MOTION TO WITHDRAW AND VACATING TRIAL DATE

CITY AND COUNTY OF SAN FRANCISCO, DEPARTMENT OF PUBLIC HEALTH, et al., Defendants.

United States District Court

11
For the Northern District of California

12

The Court is in receipt of the parties' October 8, 2010 stipulation to an order

13 shortening time on Plaintiff's counsel's motion to withdraw. The motion to withdraw shall be 14 heard by the Court on Monday, October 25, 2010, at 10 a.m., and the parties are 15 ORDERED to adhere to the following schedule: 16 1. Plaintiff's counsel shall personally serve a copy of this order on Plaintiff Sherry

17 Lynn Means on or before Tuesday, October 12, 2010. If Ms. Means cannot be personally 18 located, she shall be served by overnight mail to her post office address of Post Office Box 19 5335, South San Francisco, California 94083. In any event, Plaintiff's counsel shall file a 20 proof of service with this Court no later than October 12. Plaintiff's counsel shall also 21 telephone Ms. Means on or before October 12 to communicate the contents of this order. 22 2. Plaintiff's counsel may file a motion to withdraw as Ms. Means's attorney no later

23 than Tuesday, October 12, 2010. The motion shall be personally served on all parties, 24 including Ms. Means. Service on Ms. Means shall comply with all procedures and meet all 25 deadlines described in Section 1 of this order. 26 3. If Ms. Means wishes to oppose Plaintiff's counsel's motion, she must personally

27 appear before this Court, Courtroom 12 at 450 Golden Gate Avenue, San Francisco, 28

Dockets.Justia.com

1 California, on Monday, October 25, 2010, at 10 a.m. Ms. Means is advised that she will 2 need a photo ID, such as a driver's license or passport, to enter the courthouse. 3 4. If Ms. Means does not oppose Plaintiff's counsel's motion, Ms. Means must

4 personally appear before this Court on Monday, October 25, 2010, at 10 a.m., or make an 5 appearance through her new attorney. 6 5. If neither Ms. Means nor her new counsel make an appearance on October 25,

7 the Court will have no alternative but to conclude that Ms. Means is no longer 8 interested in pursuing this matter and the Court will therefore dismiss this case with 9 prejudice. The Court advises Ms. Means that "dismissal with prejudice" means that she will 10 not be able to recover on any of the claims raised in the complaint filed in this case. This is

United States District Court

11 true even if Ms. Means were to find a new attorney at a later date. Thus, if Ms. Means has
For the Northern District of California

12 any interest in pursuing the claims raised in the complaint, she must personally appear on 13 October 25 if she has not found substitute counsel. The Court will be amenable to granting 14 Ms. Means a limited extension of time in which to find new counsel if Ms. Means can 15 demonstrate that she has been diligently searching for counsel or that she is now prepared to 16 do so. 17 5. If Defendants' counsel wish to oppose Plaintiff's counsel's motion, the opposition

18 shall be filed and personally served no later than Tuesday, October 19, 2010. Plaintiff's 19 counsel shall advise Ms. Means of the contents of Defendants' opposition (1) no later than 24 20 hours after being served, and (2) using the procedures described in Section 1 of this order. 21 6. Any reply must be filed and personally served on all parties, including Ms. Means,

22 no later than Thursday, October 21, 2010. Service on Ms. Means shall comply with all 23 procedures described in Section 1. 24 7. Prior to October 25, and until the Court enters a final order on Plaintiff's counsel's

25 motion to withdraw, Curtis G. Oler remains counsel of record for Ms. Means. 26 // 27 // 28 // 2

1 2 3

In light of the foregoing schedule, the trial date of November 2, 2010, is VACATED.

4 IT IS SO ORDERED. 5 6 Dated:10/08/10 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3