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Canandaigua Wine Co. v. Moldauer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 7, 2008

CANANDAIGUA WINE CO., PLAINTIFF,
v.
EDWIN MOLDAUER, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

PROPRIA PERSONA ORDER RE DEFENDANT'S IN MOTION FOR STAY OF ADMINISTRATIVE ACTION

(DOC. 55)

Before the court for decision is Defendant Edwin Moldauer's in propria persona "Motion for a temporary stay of action on DOL/ ALJ 2008-SOX-0073," which appears to request a stay of ongoing administrative proceedings initiated by Moldauer before the Department of Labor. The district court is unable to address this motion for several reasons.

First, according to the district court's records, Mr. Moldauer is presently represented by counsel, Mr. Jacob M. Weisberg. Before Mr. Moldauer may proceed in this case in propria persona, Mr. Weisberg must obtain leave of court to withdraw. See Local. Rule 83-182 (d).*fn1

Second, Mr. Moldauer must assert some valid basis, citing legal authority, for the district court to issue the relief he requests, particularly in light of the fact that Mr. Moldauer initiated the proceedings before the Department of Labor himself.

Mr. Moldauer has not provided the court with his contact information. Mr. Weisberg shall forward this order to his client.

IT IS SO ORDERED.


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