Robertson v. County of Alameda

Filing 65

Scheduling ORDER re: 60 Motion to withdraw as counsel. 62 Motion to Shorten Time is DENIED. Motion Hearing set for 2/8/2016 at 10:00 AM in Courtroom 2, 17th Floor, San Francisco before the Hon. Thelton E. Henderson. Opposition due 01/19/16. Reply due 01/25/16. Deadline to file amended complaint, 02/01/16 case management conference, and joint statement filing deadline are vacated. Signed by Judge Thelton E. Henderson on 12/23/15. (tehlc3, COURT STAFF) (Filed on 12/23/2015)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

FRANK ROBERTSON,
Plaintiff,

7
8
9
10

v.
COUNTY OF ALAMEDA, et al.,

Case No. 15-cv-03416-TEH
SCHEDULING ORDER RE:
MOTION TO WITHDRAW AS
COUNSEL

Defendants.

United States District Court
Northern District of California

11
12

James J. Fishel seeks to withdraw as counsel for Plaintiff Frank Robertson and asks

13

the Court to hear the motion on shortened time and without a hearing. However, he fails to

14

present good cause to hear the motion on shortened time, and that request is therefore

15

DENIED. In addition, it is unclear whether there will be any opposition to the motion, so

16

it is premature for this Court to vacate the hearing.

17

Accordingly, the motion shall be set for hearing on February 8, 2016, at

18

10:00 AM, in Courtroom 2, 450 Golden Gate Avenue, San Francisco, CA. Any

19

opposition to the motion shall be due by January 19, 2016, and any reply shall be due by

20

January 25, 2016.

21

Mr. Fishel shall immediately serve this order on his client and file a proof of service

22

with this Court. He shall also attempt to secure from his client and file with the Court – by

23

the January 19, 2016 deadline for filing an opposition – either a letter or a declaration

24

explaining whether Mr. Robertson no longer wants Mr. Fishel to represent him in this case,

25

whether Mr. Robertson has found alternate counsel, whether Mr. Robertson is willing to

26

proceed in this case without a lawyer if he cannot find a lawyer to replace Mr. Fishel as his

27

representative, and any other matters Mr. Robertson wishes to tell the Court in connection

28

with the pending motion.

1

If Mr. Robertson fails to communicate with Mr. Fishel after receiving this order,

2

then Mr. Fishel shall include with his reply a discussion of how, if at all, this Court should

3

consider Mr. Robertson’s medical condition in deciding the motion.

4

IT IS FURTHER ORDERED that the current deadline for amending the complaint,

5

the February 1, 2016 case management conference, and the deadline to file a joint case

6

management conference statement are VACATED. New dates and deadlines will be set

7

after the Court rules on the pending motion to withdraw.

8
9

IT IS SO ORDERED.

10

United States District Court
Northern District of California

11
12

Dated: 12/23/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2