Mendia v. Garcia

Filing 48

ORDER SETTING DEADLINE FOR COUNSEL TO APPEAR ON BEHALF OF PLAINTIFF re 44 Notice (Other) filed by Bernardo Mendia. Signed by Judge Maria-Elena James on 1/19/2012. (cdnS, COURT STAFF) (Filed on 1/19/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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BERNARDO MENDIA,

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Plaintiff,
v.

No. C 10-03910 MEJ
ORDER RE: NOTICE OF INTENT TO
SUBSTITUTE IN COUNSEL

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JOHN M. GARCIA, et al.,

Re: Docket No. 44

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Defendants.
_____________________________________/

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On January 13, 2012, Plaintiff Bernardo Mendia filed a Notice that he intends to substitute in
counsel by the morning of the hearing on Defendants’ pending motion to dismiss. Dkt. No. 44.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff’s intention with this filing is unclear. However, what is clear is that Defendants’ motion

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has been pending for over two months, the Court has already issued four orders to show cause for

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Plaintiff’s failure to comply with court orders and deadlines (the most recent in response to his

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failure to oppose Defendants’ pending motion to dismiss), and Plaintiff has repeatedly (dating back

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to October 2010) stated his intention to have counsel appear to represent him in this case. Dkt. Nos.

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8, 9, 37, 44. The Court cannot permit any further delay. Accordingly, the Court ORDERS Plaintiff

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to file either (a) a Notice of Substitution of Counsel, signed by an attorney that is admitted to

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practice in this Court, or (b) a Notice of Intent to Substitute in as Counsel of Record, along with a

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signature and explanation from an attorney that is admitted to practice in this Court as to why the

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attorney is not yet able to appear in this case. The notice shall be filed by January 31, 2012, and

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shall be signed in compliance with Federal Rule of Civil Procedure 11 and under penalty of perjury.

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If Plaintiff files a notice signed by an attorney by the January 31 deadline, the Court may consider

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continuing the motion to dismiss hearing if it appears that further briefing would be beneficial.

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IT IS SO ORDERED.

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Dated: January 19, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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BERNARDO MENDIA,
Case Number: CV10-03910 MEJ

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Plaintiff,
CERTIFICATE OF SERVICE

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v.

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JOHN M. GARCIA et al,

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Defendant.

/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on January 19, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Bernardo Mendia
P.O. Box 28032
Oakland, CA 94604

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Dated: January 19, 2012
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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