Acosta et al v. Tyson Foods

Filing 83

ORDER - Brian J. Lauria is stricken as an attorney of record for the plaintiffs and shall not be noticed of events in this case. Ordered by Magistrate Judge Thomas D. Thalken. (JAE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MANUEL ACOSTA, et al.,
Plaintiffs,
vs.
TYSON FOODS, INC.,
Defendant.

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8:08CV86

ORDER

The records of the court show that on July 1, 2011, the parties filed a joint
submission (Filing No. 77) listing the attorneys of record.

Such listing included an

individual named Brian J. Lauria, shown as an associate of Brian P. McCafferty. On July
5, 2011, a letter (Filing No. 78) was sent to Brian J. Lauria at the Kenney, McCafferty law
firm, from the Office of the Clerk directing that he register for admission to practice in this
court and for the U.S. District Court of Nebraska’s Case Management/Electronic Case
Filing System (System) within fifteen days. See NEGenR 1.3 and NEGenR 1.7. As of the
close of business on August 23, 2011, said attorney had not complied with the request set
forth in the letter from the Office of the Clerk. No person from the Kenney, McCafferty law
firm notified the court of any error with respect to the named attorney.
On August 24, 2011, the Court issued a show cause order requiring said attorney
to register for the system or to file an affidavit explaining why he was unable to do so (Filing
No. 80). On September 7, 2011, another attorney of record, Brian McCafferty, filed a
notice (Filing No. 82) indicating his office has no attorney named “Brian J. Lauria,” but used
to employ a “Brandon J. Lauria” who no longer works for the firm and will not represent the
plaintiffs in this matter. Accordingly,
IT IS ORDERED that, Brian J. Lauria is stricken as an attorney of record for the
plaintiffs and shall not be noticed of events in this case.
Dated this 8th day of September, 2011.
BY THE COURT:
s/Thomas D. Thalken
United States Magistrate Judge