Wood v. County of Contra Costa ( 2020 )

1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 ANDREA WOOD, and "TP," a minor, Case No. 19-cv-07597-MMC 7 Plaintiffs, ORDER DISMISSING WITHOUT 8 V. PREJUDICE CLAIMS ALLEGED ON 9 COUNTY OF CONTRA COSTA, et al., BEHALF OF TP 40 Defendants. 11 12 On July 31, 2020, plaintiff Andrea Wood ("Wood") (1) advised the Court that 5 13 || plaintiffs' attorney is now deceased and (2) requested an opportunity to locate new 14 || counsel. By order filed August 11, 2020, the Court granted Wood's request and directed 3 15 || her to file a statement, no later than October 2, 2020, setting forth what steps she has 16 || taken to obtain new counsel. In said order, the Court also made clear that plaintiff TP, 17 || who is a minor, may not appear without counsel. To date, no statement has been filed 5 18 || nor has any appearance been made on plaintiffs' behalf by new counsel. 19 Accordingly, TP's claims are hereby DISMISSED, without prejudice to T.P.'s 20 || asserting those claims, if he wishes to do so, after he reaches the age of majority. See 21 Johns v. County of San Diego, 114 F.3d 874, 876, 878 (9th Cir. 1997) (holding "guardian 22 || or parent cannot bring a lawsuit on behalf of a minor in federal court without retaining a 23 || lawyer"; dismissing without prejudice claims asserted on behalf of minor who lacked 24 || counsel). 25 IT IS SO ORDERED. 26 27 || Dated: October 14, 2020 (ere ld Chat MAXINE M. CHESNEY 28 United States District Judge