Moss v. Cullen et al
Filing
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ORDER REGARDING SUBSTITUTION OF COUNSEL AND STAY re 40 STIPULATION WITH PROPOSED ORDER. A notice of substitution including Mr. Moss's signature and contact information must be filed by January 14, 2014. The Court ORDERS a stay of discovery and motion practice through February 18, 2014. Case Management Statement due by 2/11/2014. Case Management Conference set for 2/18/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 01/07/2014. (jmdS, COURT STAFF) (Filed on 1/7/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ERIC MOSS,
Case No. 11-cv-04706-WHO
Plaintiff,
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v.
ORDER REGARDING SUBSTITUTION
OF COUNSEL AND STAY
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R. DIXON, et al.,
Re: Dkt. Nos. 40, 41
Defendants.
United States District Court
Northern District of California
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The parties have filed a Stipulation and [Proposed] Order For Stay of Proceedings up to
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and including May 7, 2014 because plaintiff's counsel, Jeffrey Yazel, is about to be suspended
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from the practice of law in California and his client will need that amount of time to retain new
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counsel, learn the case and be prepared to proceed in this matter. The California State Bar website
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does not indicate that Yazel is currently suspended.
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The Court will treat the Stipulation as a request by Yazel to withdraw as counsel for
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plaintiff Eric Moss. Given the impending suspension, the Court will overlook Yazel's failure to
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comply with Civil Local Rule 11-5 and GRANT the request, conditioned upon Yazel's filing a
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notice of substitution indicating the consent of Mr. Moss to represent himself pro se, assuming that
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Mr. Moss does not yet have a new attorney. The notice of substitution must include Mr. Moss's
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signature and contact information so that he can receive appropriate notices from the Court and
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opposing counsel. This information must be provided for the case to proceed--the Court does not
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currently have any information by which it can communicate with plaintiff if Yazel ceases
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representing Mr. Moss. The notice of substitution must be filed by January 14, 2014.
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The lengthy stay requested by the parties is DENIED. This case has been pending since
September 21, 2011. Inspection of the docket reveals that very little pretrial activity has occurred.
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The Court recently set a trial date of December 8, 2014. The Court ORDERS a stay of discovery
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and motion practice through February 18, 2014, on which date the Court will hold a Case
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Management Conference at 2 p.m. Mr. Moss may appear by phone if he is still unrepresented.
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The purpose of this Conference will be to determine whether Mr. Moss has found new counsel
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and, if not, whether there is any purpose in continuing the stay or adjusting any of the deadlines
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previously set by the Court.
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Yazel shall serve this Order on Mr. Moss immediately and file a proof of service with
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ECF. In the event no notice of substitution is filed within seven days, defendant shall serve Mr.
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Moss with a copy of this Order at his last known address.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: January 7, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge
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