First American Title Company v. Stein, et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 2/19/15. Dispositional documents due within 21 days. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FIRST AMERICAN TITLE COMPANY,

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Plaintiff,

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No. 2:14-cv-02609 MCE AC (PS)

v.

ORDER

STEVEN D. STEIN, et al.,

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Defendants.

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According to the Notice of Removal, plaintiff First American Title Co. (“FATCO”) filed a

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“Complaint in Interpleader” on May 3, 2013, in El Dorado County Superior Court, against

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defendants Steven D. Stein, Susie Corl and Bank of America (“BoA”). See ECF No. 1 at 9. On

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January 9, 2014, the Superior court granted FATCO a default judgment against Stein. See id.,

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at 149. On May 21, 2014, BoA filed a cross-claim against Stein, Corl and El Dorado Custom

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Pools, Inc. (“Custom Pools”). See id., at 217. On November 7, 2014, Stein removed the cross-

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complaint to this court. ECF No. 1 at 1.
On December 12, 2014, cross-plaintiff BoA filed a “Notice of Settlement of Entire Case.”

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ECF No. 8. BoA asserted that a request for dismissal would be filed no later than February 2,

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2015. Id. The court accordingly vacated the scheduled initial status conference and the then-

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pending motion to dismiss. ECF No. 9.

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To date, no request for dismissal has been filed. Accordingly, IT IS HEREBY

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ORDERED that the dispositional documents disposing of the case shall be filed not later than

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twenty-one (21) days from the effective date of this order. See E.D. Cal. R. 160(b). Failure to

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comply with this order may subject plaintiff to sanctions and will result in a recommendation that

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this matter be dismissed for lack of prosecution.

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DATED: February 19, 2015

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