UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 27, 2012
ROBERT ELLIOT, PLAINTIFF,
S. READDY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. On April 9, 2012, this court granted plaintiff's motion for appointment of pro bono counsel. (See Dkt. Nos. 15, 20.) On June 20, 2012, attorney Lisa D. Angelo was selected from the court's pro bono attorney panel to represent plaintiff. (Dkt. No. 37.) However, pursuant to motion filed September 17, 2012, this court granted the request of plaintiff's counsel to withdraw, due to a belatedly discovered conflict of interest. (Dkt. Nos. 65, 66.) On September 20, 2012, this court directed the Pro Bono Litigation Coordinator to locate another attorney, admitted to practice in this court, willing to accept appointment as plaintiff's counsel; the court stayed this action pending such appointment. (Dkt. No. 66.)
The Pro Bono Litigation Coordinator, Sujean Park, has now notified the undersigned that attorney E. Jacob ("Jacob") Lubarsky has been selected from the court's pro bono panel to represent plaintiff, and has accepted the appointment. Pursuant to this order, Mr. Lubarsky is appointed to represent plaintiff.
This action presently proceeds on plaintiff's First Amended Complaint, filed August 28, 2012 (Dkt. No. 58), for which all defendants have waived formal notice and service thereto (Dkt. Nos. 55-3; 58-2). The eleven defendants are variously represented by the Attorney General's office and two private law firms. This court will accord plaintiff's counsel adequate time to become familiar with this action, and to file a status report, before authorizing the filing of responsive pleadings.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Mr. Jacob Lubarsky is appointed as counsel to represent plaintiff in this action.
2. Mr. Lubarsky shall notify Sujean Park, at (916) 930-4278 or via email at email@example.com, if he has any questions related to the appointment.
3. The stay in this action is hereby lifted; however, no defendant shall file a responsive pleading until further order of this court.
4. The motion to dismiss filed on September 7, 2012, by defendants Doctor's Medical Center of Modesto, and Doctors Hospital of Manteca, is denied without prejudice to its renewal after the court directs the filing of responsive pleadings.
5. Within thirty (30) days from the filing date of this order, Mr. Lubarsky shall file and serve a status report indicating whether plaintiff intends to proceed on the First Amended Complaint (Dkt. No. 58) and, if so, whether there is any reason to further delay defendants' filing of responsive pleadings; alternatively, plaintiff's counsel may seek leave to file a Second Amended Complaint, together with a proposed Second Amended Complaint.
6. The Clerk of Court is directed to serve a copy of this order upon Mr. Jacob Lubarsky, McKenna, Long, Aldridge LLP, 101 California Street, 41st Floor, San Francisco, California 94111.
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