Alcala v. Monsanto Company

Filing 61

ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL re 60 MOTION to Appoint Counsel filed by Javier Alcala. Signed by Judge Phyllis J. Hamilton on 3/15/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAVIER ALCALA,

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Plaintiff(s),

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v.

No. C 08-4828 PJH
ORDER REFERRING PLAINTIFF TO
FEDERAL PRO BONO PROJECT AND
STAYING PROCEEDINGS PENDING
APPOINTMENT OF COUNSEL

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MONSANTO COMPANY,

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Defendant(s).
___________________________________/

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The plaintiff having requested and being in need of counsel to assist him in this
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matter and good and just cause appearing,
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IT IS HEREBY ORDERED that plaintiff shall be referred to the Federal Pro Bono
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Project in the manner set forth below:
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1)

The clerk of this court shall forward a copy of this order to the appropriate

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Project office, San Francisco or San Jose, determined by whether the referring judge is
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located in the San Francisco/Oakland or San Jose division. The scope of this referral shall
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be for:
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[x]

all purposes for the duration of the case

[ ]

the limited purpose of representing the litigant in the course of

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[ ] mediation
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[ ] early neutral evaluation
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[ ] settlement conference
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[ ] briefing and hearing on the following motion:
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[ ] discovery as follows:
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[ ] other:
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2)

Upon being notified by the Federal Pro Bono Project that an attorney has

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been located to represent the plaintiff, that attorney will be appointed as counsel for plaintiff

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in this matter for the scope of representation described above. If the appointment of

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counsel is for limited purposes, the court will issue an order relieving the volunteer attorney

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from the limited representation of the litigant once those purposes have been fulfilled.

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3)

All proceedings in this action are hereby stayed until four weeks from the date

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an attorney is appointed to represent plaintiff in this action or from the date that the Project

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advises the court that no volunteer attorney could be found.

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4)

The instruction sheet for litigant is attached as Exhibit A.

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5)

The contact information for litigant is as follows:

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Javier Alcala
3426 Rolison Road
Redwood City, CA 94063
[phone]

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IT IS SO ORDERED.
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Dated: March 15, 2013
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_______________________________
PHYLLIS J. HAMILTON
United States District Judge

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Federal Pro Bono Project
of the
United States District Court
Northern District of California
with
The Bar Association of San Francisco
Volunteer Legal Services Program
and
Pro Bono Project Silicon Valley

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INSTRUCTION SHEET FOR LITIGANT
To (Name of Litigant):
From (Referring
Judge):
Case Name, Number:
Date:
RE:

Javier Alcala
Phyllis J. Hamilton
Alcala v. Monsanto Company, C 08-4828 PJH
March 15, 2013

Referral to the Federal Pro Bono Project

You are being referred to:
[x] The Federal Pro Bono Project of the Bar Association of San Francisco Volunteer Legal
Services Program
[ ] Pro Bono Project Silicon Valley
This organization will attempt to locate a volunteer attorney willing to be appointed to represent you
in the federal case listed above. There is no guarantee that the Project will be able to locate an
attorney to represent you. To remain eligible for this Project, it is important that you follow all of
the instructions below:
1. During the time the Project is attempting to find an attorney for your case, you must notify the
Project staff immediately if you change your address or telephone number. Contact the Project to
which you have been referred:
Supervising Attorney
Federal Pro Bono Project
Volunteer Legal Services Program of BASF
450 Golden Gate Avenue, 15th Floor,
San Francisco, CA 94102
415-782-9000 ext. 8657

Supervising Attorney, Federal Legal
Assistance Self-Help Center
Pro Bono Project Silicon Valley
280 S. First Street, Room 4093
San Jose, CA 95113
408-297-1480

2. During this time, one or more attorneys may want to speak with you in person or over the
telephone to help them decide whether to represent you. This may require that you speak or meet
with the attorney or attorneys. The attorney or attorneys may also want to speak with potential
witnesses.
3. You will be contacted by the Project staff if a volunteer attorney agrees to represent you. This
process may take as long as several months. If you are referred to a volunteer attorney, you will be
expected to cooperate fully with that attorney.
4. If you are referred to a volunteer attorney, do not miss any appointments with the attorney, except
in an emergency. If you miss an appointment or fail to cooperate with the attorney, you may no
longer be entitled to receive legal services through the Project.
EXHIBIT A