White et al v. City of Antioch et al
Filing
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ORDER DIRECTING COUNSEL TO SUBMIT ADDITIONAL DECLARATION IN SUPPORT OF MOTION TO WITHDRAW AS ATTONREY OF RECORD FOR PLAINTIFF BARRY WHITE, JR.; SETTING COMPLIANCE HEARING RE: COUNSEL'S SUBMISSIONS; AND SETTING FURTHER STATUS CONFERENCE. Comp liance Hearing is set for Friday, 6/13/2014 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Status Conference set for Friday, 12/18/2014 09:01 AM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 5/14/2014. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/14/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BARRY WHITE, JR.,
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Plaintiff,
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vs.
CITY OF ANTIOCH, et al.,
Northern District of California
United States District Court
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Defendants.
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Case No.: 11-CV-4221 YGR
ORDER:
(1) DIRECTING COUNSEL TO SUBMIT
ADDITIONAL DECLARATION IN SUPPORT OF
MOTION TO WITHDRAW AS ATTORNEY OF
RECORD FOR PLAINTIFF BARRY WHITE, JR.;
(2) SETTING COMPLIANCE HEARING RE:
COUNSEL’S SUBMISSIONS; AND
(3) SETTING FURTHER STATUS CONFERENCE
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The Court heard argument on the Motion of Counsel Jivaka Candappa (“Counsel”) To
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Withdraw As Attorney of Record for Plaintiff Barry White, Jr. (“Plaintiff”) on May 13, 2014. As set
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forth herein, the Court ORDERS Counsel to submit further information in support of the motion, and
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SETS a compliance hearing regarding the filing of that declaration. The Court also SETS a Further
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Status Conference regarding the progress of the related criminal actions.
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I.
FURTHER SUBMISSION AND COMPLIANCE HEARING ON MOTION TO WITHDRAW
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The compliance hearing shall be set for Friday, June 13, 2014, at 9:01 a.m. in Courtroom 1.
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Counsel shall file the further information as stated herein no later than June 6, 2014. If the further
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information is satisfactory, the compliance hearing may be vacated. Otherwise, Counsel shall be
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required to appear. Appearance of all other parties is excused.
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Counsel shall submit a declaration indicating: (1) he has spoken directly with Plaintiff about
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his case generally, answering his questions regarding the status of the proceedings; (2) he has
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discussed the delivery of any legal files to Plaintiff and other consequences of Counsel’s withdrawal
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in this matter; or, alternatively, (3) the reasons why this has not occurred. The declaration shall also
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list Plaintiff’s contact address and phone number so that the Court may provide any further notices to
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Plaintiff. Counsel shall also submit proof of service of a notice to Plaintiff stating the effects of a
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withdrawal of counsel:
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
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You will not have an attorney representing you. You may wish to seek
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legal assistance. If you do not have a new attorney to represent you in this action
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or proceeding, and you are legally permitted to do so, you will be representing
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yourself. It will be your responsibility to comply with all court rules and
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applicable laws. If you fail to do so, or fail to appear at hearings, action may
be taken against you. You may lose your case.
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If you do not keep the Court and other parties informed of your current
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Northern District of California
United States District Court
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address and telephone number, they will not be able to send you notices of actions
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that may affect you, including actions that may adversely affect your interests
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or result in your losing your case.
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II.
FURTHER STATUS CONFERENCE ON RELATED CRIMINAL PROCEEDINGS
The Court notes that this matter is currently stayed pending the resolution of the related
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criminal cases against Plaintiff Barry White, Jr., and now-dismissed plaintiff Demitrius Anderson.
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The Court SETS this case for a status conference regarding the progress of the criminal proceedings
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for Friday, December 18, 2014, at 9:01 a.m. in Courtroom 1. Plaintiff and Defendants shall each file
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a statement on the current status of the criminal proceedings no later than Friday, December 4, 2014.
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Personal appearances will not be required.
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IT IS SO ORDERED.
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Date: May 14, 2014
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_________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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