Bowman v. Valentine & Kebartas, Inc.

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 6/15/15: No later than July 2, 2015, plaintiff shall file a brief statement indicating whether or not she intends to proceed with the action. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONNA BOWMAN,

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No. 2:14-cv-1563-JAM-KJN PS

Plaintiff,
v.

ORDER

VALENTINE & KEBARTAS, INC.,

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Defendant.

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Plaintiff, at that time represented by counsel, commenced this action on July 2, 2014.

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(ECF No. 1.) However, on May 4, 2015, the district judge granted plaintiff’s counsel’s motion to

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withdraw. (ECF No. 14.) In the motion to withdraw, plaintiff’s former counsel indicated that

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plaintiff had not responded to any of his communications since at least December 2014. (ECF

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No. 12.) Plaintiff’s former counsel provided a last-known address for plaintiff, which the Clerk

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of Court has recorded in the court’s records. (Id.) Thereafter, on June 12, 2015, the case was

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referred to the undersigned pursuant to Local Rule 302(c)(21). (ECF No. 15.)

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In light of the above, it is unclear whether plaintiff still wishes to proceed with the action.
Accordingly, IT IS HEREBY ORDERED that:
1. No later than July 2, 2015, plaintiff shall file a brief statement indicating whether or
not she intends to proceed with the action, and if so, whether she needs a brief period
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of time to obtain new counsel. If plaintiff no longer wishes to proceed with the action

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at this time, she may instead file a notice of voluntary dismissal of the action without

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prejudice no later than July 2, 2015.

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2. Failure to timely respond to this order will be deemed to be plaintiff’s consent to

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dismissal of the action, and will result in a recommendation of dismissal pursuant to

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Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: June 15, 2015

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