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Phillip Brooks v. Moot Mariposa County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


December 10, 2010

PHILLIP BROOKS, PLAINTIFF,
v.
MOOT MARIPOSA COUNTY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

Docket Nos. 19, 20

ORDER DENYING REQUEST FOR SUBSTITUTION OF ATTORNEY AS

On December 2, 2010, counsel for defendants Mariposa County, Mariposa County Sheriff's Department, Rich Parrish, and Justin Strum ("Defendants") filed a request for a substitution of attorney. However, after having reviewed the substitution request, it appears to actually be a notice of a change of firm name rather than a change of attorney representation. Ms. Kimberly Flores will continue to represent Defendants, but the name of the firm with which she is associated is changed from Allen, Fagalde, Albertoni & Flores, LLP to Fagalde, Albertoni & Flores, LLP.

A request for substitution of attorneys is not the proper vehicle to notice the Court of a firm name change. Pursuant to Local Rule 182(b), "[a]ppearances as an attorney of record shall not be made in the name of the firm, organization, public entity, agency, or department." See Fed. R. Civ. P. 11. Rather, an appearance is made by the individual attorney representing the party. Here, that has not changed.

Accordingly, IT IS HEREBY ORDERED THAT:

1. The Defendants' request for substitution of attorneys is DENIED as moot; and 2. The Clerk of Court is directed to update the CM/ECF docket to reflect the changed firm name associated with Defendants' counsel of record as noted above.

IT IS SO ORDERED.

20101210

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