Garcia, et al v. Allstate Insurance

Filing 32

ORDER ADOPTING 28 FINDINGS AND RECOMMENDATIONS; ORDER GRANTING 24 Motion for Relief;ORDERED to Reopen case, the order closing this case is set aside; ORDERED to file Plaintiff's Lodged Amended Complaint held in Abeyance 29 , 30 , should now be filed in as of the date of this order; ORDERED Joseph Todd Armas, within twenty-one (21) days of the date of this order to file Substitution of Attorney or Motion to Withdraw as Counsel; ORDERED Clerk to serve Plaintiff's a copy of this order via U.S. Mail, signed by District Judge Anthony W. Ishii on 05/21/2013. (21) Day Deadline(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EFRAIN GARCIA, et al.

Case No. 1:12-cv-609-AWI-SKO

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Plaintiffs,
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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS THAT
PLAINTIFFS' MOTION FOR RELIEF
BE GRANTED AND THE CASE BE
REOPENED

vs.
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ALLSTATE INSURANCE,

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Defendant.

(Docket No. 28)

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On April 22, 2013, the Magistrate Judge issued Findings and Recommendations that

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Plaintiffs Efrain Garcia and Ofelia Garcia's ("Plaintiffs") Motion for Relief be GRANTED and that

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the case be reopened. (Doc. 28.) These Findings and Recommendations were served on all parties

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appearing in the action and contained notice that any objections were to be filed within twenty-one

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(21) days after service of the order. No objections were filed.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted a

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de novo review of the case. Having carefully reviewed the entire file, the Court concludes that the

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Magistrate Judge's Findings and Recommendations are supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The Findings and Recommendations issued April 22, 2013, are ADOPTED IN
FULL;

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2.

Plaintiffs' Motion for Relief is GRANTED;

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3.

The order closing Garcia et al. v. Allstate Insurance, case no. 1:12:-cv-00609-AWI-

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SKO and the judgment against Plaintiffs is SET ASIDE and the case is REOPENED;
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Plaintiffs amended complaint, lodged with the Court and held in abeyance (Docs. 29,
30) is considered FILED as of the date of this order;

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5.

Attorney Joseph Todd Armas is ORDERED, within twenty-one (21) days of the date

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of this order, to file either a substitution of attorney form, inform the Court if

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Plaintiffs wish to continue proceeding with attorney Armas as their counsel, or file

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a motion to withdraw as counsel; and

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6.

The Clerk's Office is DIRECTED to serve Plaintiffs with a copy of this order via U.S.

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mail at the following address:

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Efrain Garcia and Ofelia Garcia
1095 Adams Avenue
Orange Cove, CA 93646

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IT IS SO ORDERED.

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Dated:
0m8i78

May 21, 2013
SENIOR DISTRICT JUDGE

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