Bond et al v. Lake County et al

Filing 52

ORDER DISCHARGING 48 6/9/17 Order to Show Cause; ORDER REFERRING PLAINTIFF to Federal Pro Bono Project. Case referred to Federal Pro Bono Project for Appointment of Counsel on 7/7/2017. Signed by Judge Kandis A. Westmore on 7/7/2017. (kawlc1, COURT STAFF) (Filed on 7/7/2017) (Additional attachment(s) added on 7/7/2017: # 1 Exhibit CMC Statement; Response to Order to Show Cause) (kawlc1, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM ANTHONY BOND, Plaintiff, 8 9 v. 10 PHILIPPI, United States District Court Northern District of California 11 Defendant. Case No. 4:15-cv-04079-KAW ORDER DISCHARGING 6/9/17 ORDER TO SHOW CAUSE; ORDER REFERRING PLAINTIFF TO PRO BONO PROJECT Re: Dkt. No. 48 12 13 On June 9, 2017, the Court issued an order to show cause to Plaintiff’s counsel Ellen Dove 14 to explain why she failed to appear twice before Magistrate Judge Nandor Vadas, who was 15 referred the case for settlement. (Dkt. No. 48.) Ms. Dove did not file a timely response. Instead, 16 she sent a response, dated June 16, 2017, to the undersigned’s proposed order email account, 17 which is an unauthorized ex parte communication. She later sent a case management conference 18 statement to the same email address. Therein, Ms. Dove represents that she wishes to be relieved 19 as counsel due to her impending retirement. 20 Accordingly, the Court DISCHARGES the order to show cause, and admonishes counsel 21 for not properly filing documents on the public docket. The Court trusts that this will not happen 22 again absent a formal motion to file under seal. The two documents sent via email are attached to 23 this order, with the two sentences pertaining to settlement communications redacted, as that 24 content is sealable. 25 Additionally, the Court determines that it would be beneficial to have appointed counsel 26 assist Plaintiff in this matter, given Ms. Dove’s intention to retire soon. The Court REFERS the 27 action to the Federal Pro Bono Project (“Project”) to secure pro bono counsel to represent Plaintiff 28 in this action, in the manner set forth below: 1 (1) The Clerk of the Court shall forward the Referral Order, and a copy of the 2 complaint (Dkt. No. 1) to the San Francisco Project office. The scope of this 3 referral shall be for all purposes for the duration of this case. 4 (2) Upon being notified by the Project that an attorney has been identified to represent 5 Plaintiff, that attorney shall be appointed as counsel for Plaintiff in this matter for 6 the scope of representation described above, and Ms. Dove will be relieved as 7 counsel of record. 8 9 (3) All proceedings in this action are temporarily STAYED until the Court is informed by the Project that counsel has been secured and appointed by the Court. Upon the appointment of counsel, the case will continue to be stayed until four (4) weeks 11 United States District Court Northern District of California 10 from the date an attorney is appointed to represent Plaintiff, and a case management 12 conference will be scheduled. 13 14 IT IS SO ORDERED. Dated: July 7, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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