Knight v. Vondal

Filing 29

ORDER: Final Pretrial Conference set for 8/20/2014 and trial set for 9/03/2014 are cancelled with the understanding that they will be rescheduled as necessary at a future date. The parties are to submit status reports to the court by 9/12/2014. By Magistrate Judge Charles S. Miller, Jr. (BG) Modified on 8/12/2014 to correct date status reports are due. Regenerated NEF. (rh) Distributed to both plaintiff and defendant on 8/12/2014. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Richard Knight,
Plaintiff,
vs.
Darren Vondal,
Defendant.

)
)
)
)
)
)
)
)
)

ORDER

Case No. 4:13-cv-004

On July 16, 2014, plaintiff’s counsel was granted leave to withdraw. As there is nothing in
the record to reflect that plaintiff has retained new counsel, the court is operating under the
presumption that he intends to proceed pro se.
On August 7, 2014, defendant filed a Motion to Dismiss for Lack of Jurisdiction. On August
11, 2014, Chief Judge Erickson issued an order indefinitely suspending defense counsel from
practicing law in the District of North Dakota.1 Thus, defendant is also effectively proceeding pro
se. The court only points this is out on account of the fact that the final pretrial conference and
bench trial are scheduled for August 20, 2014, and September 3, 2013, respectively.
Given the uncertainty regarding the parties’ present status, the court is concerned whether
the parties are prepared to proceed with trial as scheduled. In any event, to ensure that the parties
have sufficient time to fully brief the issues raised by defendant in his motion and that the court has
1

On June 26, 2014, the Minnesota Supreme Court entered an order that indefinitely suspended Attorney Joan
La Ra Meidinger from the practice of law. In re the Matter of Joan Rae Meideinger, A Member of the Bar of the United
States District Court for the District of North Dakota, Case No. 1:14-mc-011, at Docket No. 1. On July 8, 2014, Chief
Judge Ralph R. Erickson issued an order to show cause why Attorney Meideinger should not be suspended from
practicing in federal court in the District of North Dakota. Id. On August 8, 2014, Attorney Meidinger filed an affidavit
consenting to a suspension to coincide with the order issued by the Minnesota Supreme Court. Id. at Docket No. 4.
Consequently, on August 11, 2014, Chief Judge Erickson issued a order suspending Attorney Meidinger fro the practice
of law indefinitely, effective immediately. Id. at Docket No. 5.

1

sufficient time to consider defendant’s motion, the court is cancelling the final pretrial conference
and bench trial with the understanding that both shall be rescheduled as necessary at a date and time
to be determined. In the interim, the parties are directed to submit a status report to the court by
September 12, 2014, that: (1) contains their current contact information, i.e., addresses and telephone
numbers at which the Clerk’s office can reach them; and (2) advises the court how they intend to
proceed, that is, whether they are intending to represent themselves going forward or whether they
have retained/are intending to retain new counsel.
IT IS SO ORDERED.
Dated this 12th day of August, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

2