Moss v. Cullen et al

Filing 42

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ERIC MOSS, Case No. 11-cv-04706-WHO Plaintiff, 8 v. ORDER REGARDING SUBSTITUTION OF COUNSEL AND STAY 9 10 R. DIXON, et al., Re: Dkt. Nos. 40, 41 Defendants. United States District Court Northern District of California 11 12 13 The parties have filed a Stipulation and [Proposed] Order For Stay of Proceedings up to 14 and including May 7, 2014 because plaintiff's counsel, Jeffrey Yazel, is about to be suspended 15 from the practice of law in California and his client will need that amount of time to retain new 16 counsel, learn the case and be prepared to proceed in this matter. The California State Bar website 17 does not indicate that Yazel is currently suspended. 18 The Court will treat the Stipulation as a request by Yazel to withdraw as counsel for 19 plaintiff Eric Moss. Given the impending suspension, the Court will overlook Yazel's failure to 20 comply with Civil Local Rule 11-5 and GRANT the request, conditioned upon Yazel's filing a 21 notice of substitution indicating the consent of Mr. Moss to represent himself pro se, assuming that 22 Mr. Moss does not yet have a new attorney. The notice of substitution must include Mr. Moss's 23 signature and contact information so that he can receive appropriate notices from the Court and 24 opposing counsel. This information must be provided for the case to proceed--the Court does not 25 currently have any information by which it can communicate with plaintiff if Yazel ceases 26 representing Mr. Moss. The notice of substitution must be filed by January 14, 2014. 27 28 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. 1 The Court recently set a trial date of December 8, 2014. The Court ORDERS a stay of discovery 2 and motion practice through February 18, 2014, on which date the Court will hold a Case 3 Management Conference at 2 p.m. Mr. Moss may appear by phone if he is still unrepresented. 4 The purpose of this Conference will be to determine whether Mr. Moss has found new counsel 5 and, if not, whether there is any purpose in continuing the stay or adjusting any of the deadlines 6 previously set by the Court. 7 Yazel shall serve this Order on Mr. Moss immediately and file a proof of service with 8 ECF. In the event no notice of substitution is filed within seven days, defendant shall serve Mr. 9 Moss with a copy of this Order at his last known address. 10 United States District Court Northern District of California 11 12 13 IT IS SO ORDERED. Dated: January 7, 2014 ______________________________________ WILLIAM H. ORRICK United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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