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)

Case 3:19-cv-07597-MMC Document 92 Filed 10/14/20 Page 1 of 1

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANDREA WOOD, and "TP," a minor,
Plaintiffs,

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v.

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Case No. 19-cv-07597-MMC

COUNTY OF CONTRA COSTA, et al.,

ORDER DISMISSING WITHOUT
PREJUDICE CLAIMS ALLEGED ON
BEHALF OF TP

Defendants.

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United States District Court
Northern District of California

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On July 31, 2020, plaintiff Andrea Wood ("Wood") (1) advised the Court that

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plaintiffs' attorney is now deceased and (2) requested an opportunity to locate new

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counsel. By order filed August 11, 2020, the Court granted Wood's request and directed

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her to file a statement, no later than October 2, 2020, setting forth what steps she has

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taken to obtain new counsel. In said order, the Court also made clear that plaintiff TP,

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who is a minor, may not appear without counsel. To date, no statement has been filed

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nor has any appearance been made on plaintiffs' behalf by new counsel.

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Accordingly, TP's claims are hereby DISMISSED, without prejudice to T.P.'s

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asserting those claims, if he wishes to do so, after he reaches the age of majority. See

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Johns v. County of San Diego, 114 F.3d 874, 876, 878 (9th Cir. 1997) (holding "guardian

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or parent cannot bring a lawsuit on behalf of a minor in federal court without retaining a

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lawyer"; dismissing without prejudice claims asserted on behalf of minor who lacked

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counsel).

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IT IS SO ORDERED.

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Dated: October 14, 2020
MAXINE M. CHESNEY
United States District Judge