Adams v. City of Hayward et al

Filing 68

ORDER REGARDING 67 PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT; CONTINUING 11/17/15 CASE MANAGEMENT CONFERENCE. Case Management Statements due by 12/8/2015. Case Management Conference set for 12/15/2015 at 01:30 PM. Signed by Judge Kandis A. Westmore on 11/09/2015. (kawlc2S, COURT STAFF) (Filed on 11/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRI ADAMS,

Case No. 14-cv-05482-KAW

Plaintiff,
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v.
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CITY OF HAYWARD, et al.,
Defendants.

Re: Dkt. No. 67

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United States District Court
Northern District of California

ORDER REGARDING PLAINTIFF'S
CASE MANAGEMENT CONFERENCE
STATEMENT; CONTINUING 11/17/15
CASE MANAGEMENT CONFERENCE

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On October 28, 2015, Plaintiff filed a document captioned "Joint Case Management

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Statement," Dkt. No. 67. The filing is not a joint statement, and it does not comply with the

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Standing Order for All Judges of the Northern District of California. In the filing, Plaintiff states,

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among other things, that she has not retained counsel, that she has been referred to the Federal Pro

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Bono Project, and that she is currently awaiting "the magistrate's ruling on appointing a court

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ordered attorney for the plaintiff." (Id. at 2.)
Plaintiff is on notice that her motion for court-appointed counsel was denied on September

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11, 2015. (Sept. 11, 2015 Order, Dkt. No. 63.) Plaintiff's former attorney personally served

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Plaintiff with a copy of that order on September 15, 2015. (Cert. of Service, Dkt. No. 65.)

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Counsel also served Plaintiff with a copy of the Court's order regarding his motion to withdraw.

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(Id.)

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In the order regarding counsel's motion to withdraw, the Court gave Plaintiff specific

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instructions. By October 30, 2015, Plaintiff was to file a notice of intent to proceed pro se or, if

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Plaintiff had secured replacement counsel, her attorney was to file a notice of appearance. (Order

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at 4, Dkt. No. 62.) If Plaintiff wished to seek an extension of the October 30, 2015 deadline, she

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was to file a motion indicating the reason for the request, along with a declaration listing the

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names and contact information of the attorneys she has contacted as part of her efforts to secure

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replacement counsel. (Id.)

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Given that Plaintiff has not filed a notice of intent to proceed pro se, and in light of the

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content of Plaintiff's purported case management conference statement, the Court presumes that

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Plaintiff is seeking an extension of the October 30, 2015 deadline. Plaintiff is hereby ORDERED

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to file a declaration listing the names and contact information of the attorneys she has contacted as

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part of her efforts to secure replacement counsel BY NO LATER THAN December 8, 2015. At

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the next case management conference, the Court will address whether it is appropriate for Plaintiff

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to file a renewed motion to appoint counsel or whether it might be appropriate to appoint pro bono
counsel for the limited purpose of assisting Plaintiff with settlement. This, however, does not

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United States District Court
Northern District of California

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relieve Plaintiff of her obligation to file the declaration described above. Plaintiff shall also file a

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case management conference statement that complies with the Standing Order for All Judges of

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the Northern District of California, available at http://cand.uscourts.gov/kaworders, BY NO

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LATER THAN December 8, 2015.

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The Court hereby CONTINUES the November 17, 2015 case management conference to

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December 15, 2015 at 1:30 p.m. so that Plaintiff has an opportunity to file the appropriate

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documents.

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IT IS SO ORDERED.
Dated: 11/09/15
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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