Stolyarchuk v. AmTrust Bank et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/26/11 ORDERING that, w/i 14 days, plf shall file either a statement of non-opposition or an Opposition to the 11 Motion to Dismiss and Motion for an Order Expunging the lis pendens; failure to comply with this order will result in a recommendation that this action be dismissed with prejudice. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DMITRIY STOLYARCHUK
Plaintiff,

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No. CIV S-11-1670 MCE CKD PS

vs.
AMTRUST BANK et al.
Defendants.

ORDER
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Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to

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E.D. Cal. L.R. 302(c)(21). On July 21, 2011, defendants AmTrust Bank, Mortgage Electronic

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Registration Systems, Inc., and Residential Credit Solutions, Inc. filed a motion to dismiss and a

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motion for an order expunging the lis pendens recorded by plaintiff. (Dkt. No. 11.) On October

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11, 2011, plaintiff filed a statement of non-opposition. (Dkt. No. 19.) In the statement of non-

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opposition, plaintiff requested that the action be dismissed without prejudice.

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Consequently, on October 14, 2011, the court ordered defendants to notify the

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court within seven (7) days whether they have any objection to the dismissal of the action

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without prejudice. (Dkt. No. 20.) Defendants AmTrust Bank, Mortgage Electronic Registration

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Systems, Inc. and Residential Credit Solutions, Inc. then filed timely objections, requesting that

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the action instead be dismissed with prejudice. (Dkt. No. 21.)
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall, within fourteen (14) days of the date of this order, file either a

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statement of non-opposition to dismissal of the action with prejudice or an opposition to

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defendants AmTrust Bank, Mortgage Electronic Registration Systems, Inc., and Residential

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Credit Solutions, Inc.’s motion to dismiss and motion for an order expunging the lis pendens.
2. Failure to comply with this order will result in a recommendation that this

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action be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b).

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Dated: October 26, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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stolyarchuk.1670.mtd.opp.wpd

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