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Bermudez v. City of Elk Grove

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 11, 2009

FRANK BERMUDEZ, PLAINTIFF,
v.
CITY OF ELK GROVE, AND ROBERT SIMMONS, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER*fn1

Plaintiff's counsel Peter B. Tiemann moves to withdraw as counsel for Plaintiff. Tiemann declares Plaintiff "requested in telephone calls on April 13, 2009 that [Tiemann] withdraw from the case as counsel of record [and] indicated that [Plaintiff] desired to pursue the matter without current counsel's assistance." (Tiemann Decl. ¶¶ 11, 12.) However, Tiemann has not shown he has provided Plaintiff a copy of the Status (Pretrial Scheduling) Order filed January 13, 2009. Without this showing, it would be unclear whether Plaintiff could be subject to a risk of sanctions for failure to comply with any deadline in that Order. Accordingly, Tiemann is given an opportunity to make this showing in a supplemental brief filed on or before May 22, 2009; the hearing on the motion is continued to June 8, 2009. Further, Tiemann shall serve a copy of this Order on Plaintiff.


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