Wood et al v. County of Contra Costa et al

Filing 92

ORDER DISMISSING WITHOUT PREJUDICE CLAIMS ALLEGED ON BEHALF OF TP. Signed by Judge Maxine M. Chesney on October 14, 2020. (mmclc1, COURT STAFF) (Filed on 10/14/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Download PDF
Case 3:19-cv-07597-MMC Document 92 Filed 10/14/20 Page 1 of 1 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 ANDREA WOOD, and "TP," a minor, Plaintiffs, 7 v. 8 9 Case No. 19-cv-07597-MMC COUNTY OF CONTRA COSTA, et al., ORDER DISMISSING WITHOUT PREJUDICE CLAIMS ALLEGED ON BEHALF OF TP Defendants. 10 United States District Court Northern District of California 11 12 On July 31, 2020, plaintiff Andrea Wood ("Wood") (1) advised the Court that 13 plaintiffs' attorney is now deceased and (2) requested an opportunity to locate new 14 counsel. By order filed August 11, 2020, the Court granted Wood's request and directed 15 her to file a statement, no later than October 2, 2020, setting forth what steps she has 16 taken to obtain new counsel. In said order, the Court also made clear that plaintiff TP, 17 who is a minor, may not appear without counsel. To date, no statement has been filed 18 nor has any appearance been made on plaintiffs' behalf by new counsel. 19 Accordingly, TP's claims are hereby DISMISSED, without prejudice to T.P.'s 20 asserting those claims, if he wishes to do so, after he reaches the age of majority. See 21 Johns v. County of San Diego, 114 F.3d 874, 876, 878 (9th Cir. 1997) (holding "guardian 22 or parent cannot bring a lawsuit on behalf of a minor in federal court without retaining a 23 lawyer"; dismissing without prejudice claims asserted on behalf of minor who lacked 24 counsel). 25 IT IS SO ORDERED. 26 27 28 Dated: October 14, 2020 MAXINE M. CHESNEY United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?