Hatton et al v. Bank of America N.A et al
Filing
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FIRST INFORMATIONAL ORDER signed by Magistrate Judge Gary S. Austin on 9/1/2015. (Martinez, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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P. ORB HATTON, an individual, and
DIANE HATTON, an individual,
Plaintiffs,
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Case No. 1:15-cv-00187-GSA
FIRST INFORMATIONAL ORDER
v.
BANK OF AMERICA, N.A., a national
association; BSI FINANCIAL SERVICES,
a business entity; and Does 1 through 100,
inclusive,
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Defendants.
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INFORMATIONAL ORDER TO PRO SE LITIGANTS
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Parties to this litigation shall take note of the following requirements:
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In litigating this action, the parties must comply with the Federal Rules of Civil Procedure
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and the Local Rules of the United States District Court, Eastern District of California (“Local
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Rules”). This order highlights specific rules of which the parties should take particular note.
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Failure to comply with the Local Rules, federal rules, or a court order, including this order,
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will be grounds for dismissal, entry of default or other appropriate sanctions. See Local Rule
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110; Fed. R. Civ. P. 41(b).
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1.
Documents intended to be filed with the Court must be mailed to the Clerk of the
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Court. See Local Rule 134(a). All documents improperly mailed to a judge's chambers will be
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stricken from the record. A document requesting a Court order must be styled as a motion. See
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Fed. R. Civ. P. 7.
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2.
Each document submitted for filing must include the original signature of the
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filing party or parties. Local Rule 131; Fed. R. Civ. P. 11(a). All documents submitted without
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the required signature(s) will be stricken.1 Each separate document must be separately stapled.
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See Local Rule 130. If a document is stapled behind another document, it will not be filed and
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will not be entered on this Court’s docket.
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3.
All documents filed with the Court must be submitted with an additional legible
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conformed copy for the Court's use. See Local Rule 133(d)(2). A document submitted without
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an extra copy for the Court's use will be stricken. If the filing party wishes the Court to return
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a file-stamped copy, he or she must include an additional copy for that purpose (i.e., submit an
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original and two copies, one for the Court's use and one to be returned). The Court cannot
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provide copy or mailing service for a party, even for an indigent plaintiff proceeding in forma
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pauperis. Therefore, if the filing party wishes a file-stamped copy returned, the party must also
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provide an envelope with adequate postage pre-paid. Copies of documents from the Court file
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may be obtained at the cost of fifty cents per page.
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4.
After any defendants have appeared in an action by filing a pleading responsive to
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the complaint (i.e., an answer or a motion to dismiss), all documents filed with the Court must
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include a certificate of service stating that a copy of the document was served on the opposing
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party. See Fed. R. Civ. P. 5; Local Rule 135(c). A document submitted without the required
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proof of service will be stricken. Where a party is represented, service on the party's attorney of
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record constitutes effective service.
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5.
All filings must bear the file number assigned to the action, followed by the initials
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of the District Court Judge and the Magistrate Judge to whom the case is assigned. Where
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Plaintiff simultaneously pursues more than one action, he or she must file separate original
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When a document is stricken, it becomes a nullity and is not considered by the Court for any purposes.
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documents and the appropriate number of copies in each action to which the document pertains.
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Documents submitted listing more than one case number in the caption will be stricken.
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6.
The Court cannot serve as a repository for the parties' evidence. The parties may
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not file evidence with the Court until the course of litigation brings the evidence into question (for
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example, on a motion for summary judgment, at trial, or when requested by the Court). Evidence
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improperly submitted to the Court will be stricken and returned to the party. No discovery
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may be conducted until an answer is filed and the court issues an order opening discovery.
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Discovery propounded on a party is self-executing, and must be served directly on the party from
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whom discovery is sought; parties should not file copies of their discovery with the court. See
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Local Rules 250.1, 250.2, 250.3. Discovery documents inappropriately submitted to the court
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will be stricken. Where the response to discovery is unsatisfactory, the party seeking discovery
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may file a motion to compel discovery, including a copy of the discovery propounded and the
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response thereto. See Fed. R. Civ. P. 37.
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7.
All Court deadlines will be strictly enforced. Requests for time extensions must
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state the reason the extension is needed and must be filed with the Court before the deadline in
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question. See Local Rule 144.
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8.
A plaintiff proceeding in propria persona has an affirmative duty to keep the
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Court and opposing parties informed of his or her current address. If a plaintiff moves and fails to
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file a notice of change of address, service of Court orders at plaintiff's prior address shall
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constitute effective notice. See Local Rule 182(f). If mail directed to plaintiff is returned by the
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U.S. Postal Service as undeliverable, the Court will not attempt to re-mail it. If the address is not
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updated within 60 days of the mail being returned, the action will be dismissed for failure to
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prosecute. See Local Rule 183(b).
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9.
Due to the press of business, the Court cannot respond to individual requests for
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the status of cases. Any such requests will be denied. So long as the parties inform the Court of
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any address changes in compliance with Local Rule 183(b), the Court will notify the parties of
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any Court action taken in their case.
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///
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The failure of any party to comply with this order, the Federal Rules of
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Civil Procedure, or the Local Rules of Court, may result in the imposition of sanctions including,
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but not limited to, dismissal of the action, or entry of default.
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IT IS SO ORDERED.
Dated:
September 1, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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