VILLEGAS v. USA

Filing 18

ORDER granting 16 Motion to Withdraw as Attorney. Attorney Gabrial Steven Galanda terminated. The Clerks Office is directed to continue the STAY in this matter until further order of the court. The Clerks Office is directed to REMOVE this matte r from the courts electronic filing system as of the date of this order. The Clerks Office is directed to SERVE a copy of this order and any future filings in this matter to plaintiff at: 4615 West Wellesley, Spokane, WA 99205. Plaintiff shall FILE with the court, and SERVE a copy on the governments counsel, a Status Report, on or before February 22, 2014, indicating if he intends to litigate this matter either without counsel (pro se) or with new counsel. Signed by Judge Lynn J. Bush. (TQ) Copy to parties.

In the United States Court of Federal Claims
No. 11-903 L
(Filed December 19, 2013)
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DONNELLY R. VILLEGAS,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
On June 4, 2012, the court stayed this matter pending a final decision in a
related case filed by plaintiff before the United States District Court for the Eastern
District of Washington, Villegas v. United States, et al., Case No. CV-12-0001EFC. On December 3, 2013, plaintiffs’ counsel of record, Gabriel S. Galanda,
Esq., filed a Motion to Withdraw as counsel in this matter. On December 4, 2013,
defendant filed a Joint Status Report stating that final resolution of the district
court case has resulted in dismissal of plaintiff’s complaint with prejudice in that
forum. Additionally, defendant reports that the government believes, pursuant to
the findings of the district court, that this court does not have jurisdiction to hear
plaintiff’s claims. Defendant states that once plaintiff has obtained new counsel or
otherwise determined how he will proceed with this litigation, the government will
move to have a briefing schedule entered for a motion to dismiss. See JSR ¶ 4.
Based on the above, the parties request that the court stay proceedings in this
matter for a period of time not to exceed ninety days to allow plaintiff to either
obtain new counsel, proceed in this court pro se, or voluntarily dismiss the
complaint. JSR ¶ 5.
Accordingly, it is hereby ORDERED that:
(1)

The Clerk’s Office is directed to continue the STAY in this matter

until further order of the court;
(2)

Gabriel S. Galanda’s Motion to Withdraw is GRANTED;

(3)

The Clerk’s Office is directed to REMOVE this matter from the
court’s electronic filing system as of the date of this order;

(4)

The Clerk’s Office is directed to SERVE a copy of this order and any
future filings in this matter to plaintiff at:
4615 West Wellesley
Spokane, WA 99205

(5)

Plaintiff shall FILE with the court, and SERVE1 a copy on the
government’s counsel, a Status Report, on or before February 22,
2014, indicating if he intends to litigate this matter either without
counsel (pro se) or with new counsel.

/s/Lynn J. Bush
LYNN J. BUSH
Senior Judge

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/ Plaintiff is reminded that any submissions before the court must comply with the
procedural Rules of the Court of Federal Claims (RCFC). All filings must include a certificate
of service showing (1) the day and manner of service; (2) the person or entity served; and (3) the
method of service employed. See RCFC 5.3, Proof of Service. Also, any filings to the court
must include an original and two copies, pursuant to RCFC 5.5(d)(2). The court’s rules are
available on the internet at http://www.uscfc.uscourts.gov/rules-and-forms.
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