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CASTANEIRA v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, CIV. 10-4039. (2013)

Court: District Court, D. South Dakota Number: infdco20130904d28 Visitors: 4
Filed: Sep. 03, 2013
Latest Update: Sep. 03, 2013
Summary: ORDER LAWRENCE L. PIERSOL, District Judge. By an e-mail of August 29, 2013, Eric Castaneira asked that the Court appoint counsel for him. Mr. Castaneira has demonstrated that he can adequately represent himself in these civil proceedings. The request for Court-appointed counsel is denied. Mr. Castaneira also requested that the Court hold a Zolin review of the evidence Mr. Castaneira intended to present before the hearing on the 4th of September, 2013. There is no reason for a review by the
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ORDER

LAWRENCE L. PIERSOL, District Judge.

By an e-mail of August 29, 2013, Eric Castaneira asked that the Court appoint counsel for him. Mr. Castaneira has demonstrated that he can adequately represent himself in these civil proceedings. The request for Court-appointed counsel is denied.

Mr. Castaneira also requested that the Court hold a Zolin review of the evidence Mr. Castaneira intended to present before the hearing on the 4th of September, 2013. There is no reason for a review by the Court pursuant to United States v. Zolin, 491 U.S. 554, 109 S.Ct. 2619 (1989). There is no current attorney-client privilege claim at issue. Instead, the hearing on September 4, 2013, is to determine whether or not Mr. Castaneira has violated the Orders of this Court and, if so, what to do about any such violations. No Zolin review will take place and the hearing will proceed as scheduled commencing at 2:00 P.M. on September 4, 2013. Accordingly,

IT IS ORDERED:

1. That Plaintiff's request for court-appointed counsel is denied. 2. That Plaintiff's request for a review by the Court of the evidence pursuant to United States v. Zolin, 491 U.S. 554, 109 S.Ct. 2619 (1989), is denied. 3. That a hearing will be held on Wednesday, September 4, 2013, at 2:00 P.M., in Courtroom #1 of the Federal Courthouse at 400 South Phillips Avenue, Sioux Falls, South Dakota, to determine if Plaintiff should be found to be in contempt. Plaintiff Eric Castaneira may personally appear before the Court at the hearing to show cause why he should not be held in contempt for his claimed violation of this Court's Permanent Injunction. Dated this ay of September, 2013.
Source:  Leagle

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