Schneider v. Bank of America N.A et al

Filing 89

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/12 ORDERING that Plaintiff has until 7/11/2012 to file a second amended complaint. Plaintiff's Request for return of his settlement conference statements is DENIED as moot since all such statements were destroyed by the previously assigned Magistrate Judge.(Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. SCHNEIDER,
Plaintiff,

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No. 2:11-cv-2953-LKK-EFB PS

vs.

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BANK OF AMERICA, N.A., et al.,

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Defendants.
_______________________________/

ORDER

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On June 8, 2012, this case, in which plaintiff is proceeding pro se, was referred to the

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undersigned after the magistrate judge who was previously assigned to this case issued a recusal

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order. Dckt. Nos. 82, 83; 28 U.S.C. §§ 455, 636(b)(1); E.D. Cal. L.R. 302(c)(21). Also on June

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8, 2012, the previously assigned magistrate judge issued an order granting plaintiff’s motion for

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an extension of time to file an amended complaint and giving plaintiff thirty days within which

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to file a second amended complaint that complies with the requirements of the Federal Rules of

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Civil Procedure and this court’s Local Rules. Dckt. No. 85 at 2.

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On June 22, 2012, plaintiff filed objections to the “lack of specificity” in the recusal

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order and the previously assigned magistrate judge’s issuance of the other June 8, 2012 order.

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Dckt. No. 87. Plaintiff also requested that the court return any and all of the settlement

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conference statements that plaintiff submitted pursuant to Local Rule 270(e) or indicate that the
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statements were previously destroyed. Id. at 4.
Defendants responded to the objections on June 27, 2012 opposing the request to vacate

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the June 8, 2012 orders. Dckt. No. 88. Defendants also requested that, in the event an additional

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order issues, plaintiff not be given additional time to file a second amended complaint. Id. at 2.

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Plaintiff’s objections are overruled. As stated in the June 8, 2012 order, plaintiff has until

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July 11, 2012 to file a second amended complaint that complies with the requirements of the

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Federal Rules of Civil Procedure and this court’s Local Rules. Any defendant that was named in

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plaintiff’s amended complaint filed November 28, 2011 and that is named as a defendant in any

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second amended complaint shall respond to the second amended complaint within thirty days

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after it is filed and served. Additionally, plaintiff’s request for return of his settlement

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conference statements is denied as moot since all such statements were destroyed by the

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previously assigned magistrate judge.

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SO ORDERED.

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DATED: July 3, 2012.

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