Garcia, et al v. Allstate Insurance
Filing
30
ORDER Holding In Abeyance Plaintiff's Lodged First Amended Complaint 29 , signed by Magistrate Judge Sheila K. Oberto on 5/10/13. (Gonzalez, R)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
EASTERN DISTRICT OF CALIFORNIA
7
8
EFRAIN GARCIA, et al.
9
10
Case No. 1:12-cv-00609-AWI-SKO
Plaintiffs,
ORDER HOLDING IN ABEYANCE
PLAINTIFFS' LODGED FIRST
AMENDED COMPLAINT
vs.
11
(Docket No. 29)
ALLSTATE INSURANCE,
12
Defendant.
13
/
14
15
On April 22, 2013, Magistrate Judge Sheila K. Oberto issued Findings and
16
Recommendations ("F&R") that Plaintiffs Efrain Garcia and Ofelia Garcia's ("Plaintiffs") Motion
17
for Relief be granted. (Doc. 28.) The F&R further recommended that the order closing the case and
18
the judgment against Plaintiffs be set aside, Plaintiffs be ordered to file an amended complaint, and
19
Plaintiff's current counsel, Joseph Todd Armas, be ordered to either file a substitution of attorney
20
form or inform the Court if Plaintiffs wish to continue proceeding with attorney Armas as their
21
counsel. (Doc. 28, p. 15.)
22
The F&R stated that any party may file written objections to the recommendations within
23
twenty-one (21) days of the service of the F&R. (Doc. 28, 15:28-16:2.) As such, the F&R objection
24
period runs until May 16, 2013.
25
On May 8, 2013, Plaintiffs, representing themselves and not through their counsel, submitted
26
a First Amended Complaint for Damages, which was lodged with the Court. (Doc. 29.) The
27
objection period for the F&R is still open, and Plaintiffs have not yet been given leave to file an
28
amended complaint. The case is still currently closed pending a final order from the District Judge
1
regarding the F&R. Further, Plaintiffs are still represented by attorney Armas in this action, and
2
Plaintiffs cannot represent themselves until a substitution of attorney form is filed or Plaintiffs seek
3
to have attorney Armas dismissed as counsel.
4
Accordingly, IT IS HEREBY ORDERED that Plaintiffs' First Amended Complaint, lodged
5
at Docket No. 29, be HELD IN ABEYANCE until after the objection period for the F&R is closed,
6
the District Judge issues an order making a final determination on the F&R, and attorney Armas is
7
either substituted or dismissed as counsel.
8
9
The Clerks' Office is DIRECTED to serve Plaintiffs with a copy of this order via U.S. mail
at the following address:
10
Efrain Garcia and Ofelia Garcia
1095 Adams Avenue
Orange Cove, CA 93646
11
12
13
IT IS SO ORDERED.
14
Dated:
cc0hp0
May 10, 2013
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?