Agarwal v. McWilliams
| Raj Agarwal |
| Federal Deposit Insurance Corporation and Jelene McWilliams |
| 3:2020cv02929 |
| September 22, 2020 |
| US District Court for the Northern District of Texas |
| David L Horan |
| Ed Kinkeade |
| Labor: Labor/Management Relations |
| 42 U.S.C. ยง 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 Notice and Instruction to Pro Se Party. (mjr) |
Filing 11
ELECTRONIC ORDER granting #10 the Motion to Withdraw as Attorney for Plaintiff and granting leave for Robert M. Abramson to withdraw as counsel for Plaintiff Raj Agarwal and dischargng Mr. Abramson from any further responsibilities in this matter. Plaintiff Raj Agarwal will represent himself going forward, and the Clerk of the Court is directed to update his contact information on the docket based on the contact information provided in Dkt. No. 10. (Ordered by Magistrate Judge David L. Horan on 11/5/2020.)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Thu Nov 5 12:24:59 CST 2020 (crt) |
| Filing 10 MOTION to Withdraw as Attorney filed by Raj Agarwal with Brief/Memorandum in Support. (Abramson, Robert) |
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Filing 9
ELECTRONIC ORDER: Plaintiff Raj Agarwal, though his counsel, seeks to comply with the Court's local counsel requirement by having Mr. Agarwal himself serve as local counsel. But Mr. Agarwal is not admitted to practice in this district, and Local Civil Rule 83.10 requires local counsel be admitted. Mr. Agarwal's counsel -- who is admitted to practice in this district -- seeks to address this deficiency by applying to have Mr. Agarwal admitted pro hac vice under Local Civil Rule 83.9. Even if it is permissible to have local counsel who is admitted pro hac vice in the case, Mr. Agarwal is also the plaintiff himself, and his appearing as local counsel would amount to representing himself. 28 U.S.C. 1654 provides that "[i]n all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein." The United States Court of Appeals for the Fifth Circuit has long held that, under this statute, a party "had a right to represent himself or to be represented by counsel, but he had no right to a hybrid representation partly by himself and partly by counsel." Lee v. State of Ala., 406 F.2d 466, 469 (5th Cir. 1968). Based on these authorities, the Court denies the request to have Mr. Agarwal admitted pro hac vice and serve as his own local counsel. By November 4, 2020, Plaintiff's counsel must designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to comply with this order may result in dismissal of this case without prejudice and without further notice. (Ordered by Magistrate Judge David L. Horan on 10/14/2020.)
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Filing 8
ELECTRONIC ORDER REFERRING CASE to Magistrate Judge David L. Horan for Pretrial Management. (Ordered by Judge Ed Kinkeade on 10/14/2020) (chmb)
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| Filing 7 LETTER/MOTION for Leave to File Proceed Without Local Counsel filed by Raj Agarwal. (chmb) |
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Filing 6
ORDER: This case was filed in this Court on September 22, 2020. It appears that Plaintiff's counsel, Robert Martin Abramson, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). Further, this Court requires Local Counsel. Within 21 days from the date of this order, counsel for Plaintiff must also designate local counsel pursuant to Local Civil Rule 83.10(a). Failure to comply with this Order may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 9/23/2020) (chmb)
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Filing 5
ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, within twenty days of this date, plaintiff Raj Agarwal, shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 9/23/2020) (chmb)
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| Filing 4 Supplemental Document by Raj Agarwal Civil Cover Sheet. (Abramson, Robert) |
| Filing 3 Summons issued as to Jelene McWilliams, U.S. Attorney, and U.S. Attorney General. (jmg) |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (jmg) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Jelene McWilliams filed by Raj Agarwal. (Filing fee $400; Receipt number 0539-11198006) Clerk to issue summons(es) for federal defendant(s). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Abramson, Robert) Modified text on 9/23/2020 (jmg). |
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