Kirkwood v. T.D. Service Co., et al.,

Filing 21

ORDER signed by Judge Garland E. Burrell, Jr on 4/20/2009 ORDERING Plaintiff is proceeding pro se and the 20 Order to Show Cause is WITHDRAWN; Since Pltf now represents herself in this case, the Clerk of the Court shall add Pltfs last known address ; and shall serve a copy of this order on pltf; the Clerk of the Court shall add Defendant T. D. Service Co. to the service list since it is unclear whether this Dft has been served documents, and this Dft shall also be served with a copy of this Ord er. Status (Pretrial Scheduling) Confernece is CONTINUED to 6/1/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; each party shall file a Status Report by 5/18/2009; the Clerk of the Court shall attach a copy of 8 the Orde r Setting Status (Pretrial Scheduling) Conference to this Order; and Pltf shall explain whether she has served Dft in her status report due on or before 5/18/2009. (Attachments: # 1 Order Setting Status (Pretrial Scheduling) Conference)(Reader, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants.1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The caption was modified to reflect dismissal of Defendant Deutsche Bank National Trust Company by Order filed March 20, 2009.
1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MAIVIA KIRKWOOD, Plaintiff, v. T.D. SERVICE COMPANY, and Does 1 through 50, ) ) ) ) ) ) ) ) ) ) ) 2:08-cv-03178-GEB-GGH ORDER VACATING OSC AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE; FED. R. CIV. P. 4(m) NOTICE

On April 9, 2009, Plaintiff was issued an Order to Show Cause (also called "OSC") why sanctions should not be imposed because of her failure to file a status report. However, later

the same day, the undersigned judge received a notice from the State Bar of California that Mitchell Roth, who represents Plaintiff in this case, is no longer authorized to represent Plaintiff. Therefore, Plaintiff is proceeding pro se and the April Since Plaintiff now

9, 2009 Order to Show Cause is withdrawn.

represents herself in this case, the Clerk of the Court shall add Plaintiff's last known address to the service list for this action, which is identified in Plaintiff's Complaint as 3014 Burl Hollow Drive, Stockton, California 95209,; and shall serve a copy of this Order on Plaintiff.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

Further, the Clerk of the Court shall add Defendant T. D. Service Company to the service list since it is unclear whether this Defendant has been served documents; and this Defendant shall also be served with a copy of this Order. The Status (Pretrial Scheduling) Conference now scheduled for May 11, 2009, is continued to commence at 9:00 a.m. on June 1, 2009. 2009. Each party shall file a status report no later than May 18, The Clerk of the Court shall attach a copy of the Order

Setting Status (Pretrial Scheduling) Conference to this Order. Further, Plaintiff is warned that any defendant not served with process in this action on or before May 18, 2009, may be dismissed without prejudice under Fed. R. Civ. P. 4(m). Plaintiff shall explain whether she has served Defendant in her status report due on or before May 18, 2009. IT IS SO ORDERED. April 20, 2009

GARLAND E. BURRELL, JR. United States District Judge