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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1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 BERNARDO MENDIA, 5 Plaintiff, v. No. C 10-03910 MEJ ORDER RE: NOTICE OF INTENT TO SUBSTITUTE IN COUNSEL 6 JOHN M. GARCIA, et al., Re: Docket No. 44 7 8 Defendants. _____________________________________/ 9 10 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. 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiff’s intention with this filing is unclear. However, what is clear is that Defendants’ motion 13 has been pending for over two months, the Court has already issued four orders to show cause for 14 Plaintiff’s failure to comply with court orders and deadlines (the most recent in response to his 15 failure to oppose Defendants’ pending motion to dismiss), and Plaintiff has repeatedly (dating back 16 to October 2010) stated his intention to have counsel appear to represent him in this case. Dkt. Nos. 17 8, 9, 37, 44. The Court cannot permit any further delay. Accordingly, the Court ORDERS Plaintiff 18 to file either (a) a Notice of Substitution of Counsel, signed by an attorney that is admitted to 19 practice in this Court, or (b) a Notice of Intent to Substitute in as Counsel of Record, along with a 20 signature and explanation from an attorney that is admitted to practice in this Court as to why the 21 attorney is not yet able to appear in this case. The notice shall be filed by January 31, 2012, and 22 shall be signed in compliance with Federal Rule of Civil Procedure 11 and under penalty of perjury. 23 If Plaintiff files a notice signed by an attorney by the January 31 deadline, the Court may consider 24 continuing the motion to dismiss hearing if it appears that further briefing would be beneficial. 25 IT IS SO ORDERED. 26 27 28 Dated: January 19, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 BERNARDO MENDIA, Case Number: CV10-03910 MEJ 5 Plaintiff, CERTIFICATE OF SERVICE 6 v. 7 JOHN M. GARCIA et al, 8 Defendant. / 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 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. 14 15 16 Bernardo Mendia P.O. Box 28032 Oakland, CA 94604 17 18 19 Dated: January 19, 2012 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

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