Winston et al v. Department of Agriculture et al

Filing 14

ORDER DISCHARGING OSC. Case Management Statement due by 6/25/2015. Case Management Conference set for 7/2/2015 10:00 AM. Signed by Judge Maria-Elena James on 5/14/2015. (cdnS, COURT STAFF) (Filed on 5/14/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LUCILLE WINSTON, et al.,

Case No. 14-cv-05417-MEJ

Plaintiffs,
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ORDER DISCHARGING ORDER TO
SHOW CAUSE; ORDER SCHEDULING
CASE MANAGEMENT CONFERENCE

v.
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DEPARTMENT OF AGRICULTURE, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff Lucille Winston, individually and as Guardian Ad Litem for Lumari Winston,

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filed this case on December 11, 2014, at which time she was represented by William W. Haskell

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of the Law Offices of H. Nelson Meeks. Dkt. No. 1. On February 25, 2015, Mr. Haskell filed a

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Motion to Withdraw as Attorney of Record, stating that a difference of opinion as to how this case

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should proceed had arisen and that Plaintiff stopped communicating with him. Dkt. No. 7.

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The Court granted Mr. Haskell’s motion, on the condition that the Law Offices of H. Nelson

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Meeks continued to serve all papers from the Defendants and the Court until Plaintiffs filed either

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(1) a substitution of counsel as provided by Civil Local Rule 11-5(b), or (2) a statement expressing

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their desire to represent themselves in this case. Dkt. No. 10. The Court ordered Plaintiffs to file

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either a notice of their intent to appear pro se or a substitution of counsel by April 13, 2015.

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As Plaintiffs failed to respond, the Court ordered them to show cause why this case should

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not be dismissed for failure to prosecute and failure to comply with court deadlines. Dkt. No. 12.

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The Court ordered Plaintiffs to file a declaration by May 13, 2015, and warned them that the Court

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may dismiss this case if no responsive declaration is filed. Id.

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Although Plaintiffs did not file a responsive declaration, on May 7, 2015, Brian L. Larsen
filed a Notice of Appearance as counsel for Plaintiffs. Dkt. No. 13. Accordingly, so that this case

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may proceed on the merits, the Court DISCHARGES the Order to Show Cause. The Court shall

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conduct a Case Management Conference on July 2, 2015 at 10:00 a.m. in Courtroom B. The

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parties shall file a Joint Case Management Conference Statement by June 25, 2015.

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IT IS SO ORDERED.

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Dated: May 14, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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