Van et al v. Wal-Mart Stores, inc. et al

Filing 44

ORDER Extending Stay of Case to July 20, 2010, and Continuing Case Management Conference. Signed by Judge Patricia V. Trumbull on 5/20/10. (pvtlc1) (Filed on 5/20/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 While the statement purports to be "joint" and displays a "/s/" above Plaintiff Van's name in a signature block, the document does not meet the requirements of General Order 45, section X.B. regarding electronic filing of documents that contain signatures of individuals other than the person who e-files the document. ORDER, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

NATHALIE THUY VAN, et al.,

) ) Plaintiffs, ) ) v. ) ) WAL-MART STORES, INC., ) ) Defendant. ) ___________________________________ )

Case No.: C 08-5296 PVT ORDER EXTENDING STAY OF CASE TO JU LY 20, 2010, AND CONTINUING CASE MA N A G E M E N T CONFERENCE

On February 11, 2010, this court issued an order staying the case for 90 days in order to allow Plaintiffs to retain new counsel to replace their prior counsel, and for new counsel to review the file. On May 18, 2010, Defendant filed a Further Joint Case Management Conference Statement1 that indicates Plaintiff Nathalie Thuy Van is appearing "in pro per" for herself and as guardian ad litem for her minor son, Plaintiff RVN. Based on the file herein, IT IS HEREBY ORDERED that this case is further STAYED until July 20, 2010, to allow Plaintiffs time to retain new counsel for Plaintiff RVN. While Plaintiff Van may represent herself in pro per, she may not represent her minor son in pro per. See Johns v. County of San Diego, 114

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F.3d 874, 877 (9th Cir.1997) ("a parent or guardian cannot bring an action on behalf of a minor child without retaining a lawyer"). Plaintiffs are cautioned that, if no attorney makes an appearance for Plaintiff RVN on or before July 20, 2010, the court will be constrained to dismiss Plaintiff RVN's claims without prejudice. See, id. at 878, quoting Osei-Afriyie v. Medical College, 937 F.2d 876, 883 (3rd Cir. 1991) (dismissal of unrepresented minor's claims should be without prejudice, "to accrue for purposes of the relevant statutes of limitations when the children reach eighteen years of age, or sooner if they become emancipated minors"). IT IS FURTHER ORDERED that the Case Management Conference is continued to 2:00 p.m. on July 27, 2010. The parties shall file a Further Joint Case Management Conference Statement no later than July 20, 2010. Dated: 5/20/10 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Donna Kirchner MARTHA BROWN Courtroom Deputy for copies mailed on 5/20/10 Nathalie Thuy Van 1037 N. Abbott Avenue Milpitas, CA 95035 to: Counsel automatically notified of this filing via the court' s Electronic Case Filing system.