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)

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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

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