Artemenko et al v. Washington Mutual Bank FA et al

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/09/09 ORDERING that defendants' AMENDED MOTION to DISMISS, presently scheduled for hearing on 7/16/09, 12 is VACATED. IT IS RECOMMENDED that this Action be dismiss ed for Plaintiffs' failure to keep the court apprised of their current address. These Findings and Recommendations are submitted to U.S. District Judge Frank C. Damrell, Jr. Within twenty days after being served with these Findings and Recommendatins, Plaintffs may file written objections with the Court. (Mena-Sanchez, L)

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 / A recent court order was served on plaintiffs' address of record and returned by the postal service. It appears that plaintiffs have failed to comply with Local Rule 83-182(f), which requires that a party appearing in propria persona inform the court of any address change. Accordingly, IT IS ORDERED that defendants' amended motion to dismiss, presently scheduled for hearing on July 16, 2009, is vacated. IT IS HEREBY RECOMMENDED that this action be dismissed for plaintiffs' failure to keep the court apprised of their current address. See Local Rules 83-182(f) and 11-110. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiffs may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's 1 vs. WASHINGTON MUTUAL BANK FA, et al., Defendants. ORDER AND FINDINGS & RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA VYACHESLAV ARTEMENKO, et al., Plaintiffs, No. CIV S-09-1268 FCD GGH PS

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Findings and Recommendations." Plaintiffs are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: July 9, 2009 /s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE