Banuelos v. J. C. Penney Company, Inc.

Filing 27

ORDER re 26 Extending Time for Plaintiff to Respond to Defendant's Motion for Summary Judgment; and ORDER that Plaintiff's Counsel's Purported "Substitution of Attorney" is Deemed Inopperative Absent Leave of Court to Withdraw. Signed by Judge Patricia V. Trumbull on 5/21/10. (pvtlc1) (Filed on 5/21/2010)

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 The court was previously informed in a report from its ADR department that Plaintiff does not speak English. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DOLORES BANUELOS,

) ) Plaintiff, ) ) v. ) ) J. C. PENNEY CORPORATION, INC., ) ) Defendant. ) ___________________________________ )

Case No.: C 09-0255 PVT ORDER EXTENDING TIME FOR PLAINTIFF T O RESPOND TO DEFENDANT'S MOTION FO R SUMMARY JUDGMENT; AND ORDER PLAINTIFF'S COUNSEL'S PU R PO R TED "SUBSTITUTION OF AT T O R N E Y " IS DEEMED INOPPERATIVE AB SE N T LEAVE OF COURT TO WITHDRAW

On May 20, 2010, Plaintiff filed a request for additional time to respond to Defendant's motion for Summary Judgment. In her request, Plaintiff states that her attorney "made me sign the papers so that he would not be my attorney." On February 5, 2010, Plaintiff's counsel had filed a purported "Substitution of Attorney," which bears Plaintiff's signature over the statement, in English, that "I consent to this substitution."1 He failed, however, to file any motion to withdraw as counsel, and no order has issued allowing him to withdraw as counsel. See, CIVIL L.R. 11-5(a) ("Counsel may not withdraw from an action until relieved by order of Court.. ."). From Plaintiff's May 20th request, it appears that she did not truly consent to the "Substitution of Attorney." Based on the file herein,

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IT IS HEREBY ORDERED that the deadline for Plaintiff to respond to Defendant's motion for summary judgment is extended to July 13, 2010. Defendant's deadline for filing a reply is extended to July 20, 2010. The hearing on the motion is CONTINUED to 10:00 a.m. on July 27, 2010. IT IS FURTHER ORDERED that Plaintiff's counsel's purported "Substitution of Attorney" is deemed inoperative until such time as Plaintiff's counsel obtains leave of court to withdraw as counsel of record. If Plaintiff's counsel wishes to file a motion to withdraw as counsel, he shall file the motion no later than June 1, 2010, for hearing at 10:00 a.m. on June 15, 2010 in Courtroom 5 of this court. Plaintiff's counsel serve a copy of the motion papers on Plaintiff, along with a Spanish language translation, by Express Mail. Plaintiff may either file a written opposition to her attorney's motion to withdraw by June 11, 2010, or may appear at the hearing on June 15, 2010 (along with someone who can interpret for her). Dated: 5/21/10 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 Tab Mitchell (by fax & mail) The Mitchell Law Firm 321 First St., 2nd Fl. Hollister, CA 95023-3712 Fax: [phone] copies mailed on 5/21/10 Dolores Banuelos 1574 Falcon Drive Apartment #4 Salinas, CA 93905 to: Counsel automatically notified of this filing via the court' s Electronic Case Filing system.