White v. Deere & Company et al

Filing 31

ORDER by Magistrate Judge Boyd N. Boland on 10/21/14. The case should proceed through discovery, including the plaintiff's deposition. The protective order prohibiting the plaintiff's deposition beginning on October 1, 2014, is VACATED. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02173-PAB-BNB
MIRIAM WHITE,
Plaintiff,
v.
DEERE & COMPANY,
JOHN DEERE LIMITED, and
JOHN DOES 1-5,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises following a status conference held this morning.
I held a hearing on September 30, 2014, on the Motion to Withdraw as Attorney for the
Plaintiff [Doc. # 25]. At the hearing, defense counsel questioned whether the plaintiff’s alleged
head injury may include a cognitive component, and I observed during the hearing that the
plaintiff’s thought processes were delayed and her speech was halting. Because I was concerned
about the plaintiff’s ability to proceed pro se, I denied the Motion to Withdraw. In doing that, I
informed plaintiff’s counsel that he could renew his request to withdraw upon either (a) the entry
of appearance of substitute counsel or (b) the filing of an affidavit by the plaintiff evidencing
her understanding of the obligations imposed by proceeding pro se, her willingness to do so, and
her statement that she does not currently intend to engage substitute counsel. I also granted the
plaintiff’s oral request for a protective order relieving the plaintiff of the obligation to sit for a
deposition scheduled to begin on October 1, 2014.

To maintain the case schedule, I set the matter for a status conference to occur this
morning. In setting the status conference, I indicated that I expected to receive, prior to the
status conference, either an entry of appearance of substitute counsel or the plaintiff’s affidavit.
No such filings were made.
I will not delay the case further. Mr. Peck remains as plaintiff’s counsel, the Motion to
Withdraw having been denied. Order [Doc. # 29]. The case should proceed through discovery,
including the plaintiff’s deposition. The protective order prohibiting the plaintiff’s deposition
beginning on October 1, 2014, is VACATED.
SO ORDERED.
Dated October 21, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2