Brink v. Alternative Loan Trust 2006-39CB, et al.

Filing 20

ORDER signed by Magistrate Judge Dale A. Drozd on 11/5/13: The November 8, 2013 Status (Pretrial Scheduling) Conference is vacated.(Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID L. BRINK, 12 Plaintiff, 13 14 15 No. 2:13-cv-0862 LKK DAD PS v. ORDER ALTERNATIVE LOAN TRUST 200639CB; BANK OF NEW YORK MELLON, 16 Defendants. 17 18 Plaintiff David Brink, proceeding pro se, commenced this action on May 2, 2013, 19 by filing a complaint and paying the required filing fee. On September 3, 2013, the court issued 20 an order continuing the previously set Status (Pretrial Scheduling) Conference to November 8, 21 2013. (Doc. No. 11.) On November 1, 2013, however, defendants filed a status report stating 22 that defendants intend to file a motion to dismiss this action pursuant to Rule 12(b)(6) of the 23 Federal Rules of Civil Procedure on November 6, 2013. (Doc. No. 17). Therefore, the 24 November 8, 2013 Status (Pretrial Scheduling) Conference will be vacated as premature.1 25 ///// 26 ///// 27 28 1 In the event that defendants fail to file the anticipated motion to dismiss, the court will reset the Status (Pretrial Scheduling) Conference. 1 1 Accordingly, IT IS ORDERED that the November 8, 2013 Status (Pretrial 2 Scheduling) Conference is vacated. 3 Dated: November 5, 2013 4 5 6 7 8 DAD:6 Ddad1\orders.pro se\brink0862.vac.stat.conf.ord.docx 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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