DeMartini, et al. v. DeMartini, et al.

Filing 196

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/1/2017 ORDERING no later than 3/8/2017, plaintiffs shall serve a copy of 195 Motion to Amend the Complaint and supporting documents on the proposed additional defendant trustees and shall fil e a proof of service. Opposition, if any, to the motion shall be filed no later than 3/22/2017. Reply, if any, shall be filed no later than 3/29/2017. Defendant trustees shall not be permitted to proceed pro se. The Motion to Amend is CONTINUED to 4/19/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DEMARTINI, et al.,

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Plaintiffs,

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No. 2:14-cv-2722 JAM CKD PS

v.

ORDER

MICHAEL DEMARTINI, et al.,

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Defendants.

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Calendared for hearing on March 22, 2017 is plaintiffs’ motion to amend the complaint.

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Plaintiffs seek leave to add as parties defendant the trustees of the testamentary trust under the

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will of James P. DeMartini. The motion was not served on the proposed additional defendants.

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In addition, the court notes that a trustee may not proceed pro se on behalf of a trust. See Simon

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v. Harford Life, Inc., 546 F.3d 661, 664 (9th Cir. 2008). The court will therefore continue

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hearing on the motion so as to allow the motion to be served on the proposed additional

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defendants and to afford defendants an opportunity to secure counsel and file a response to the

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motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. No later than March 8, 2017, plaintiffs shall serve a copy of the motion and supporting

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documents on the proposed additional defendant trustees and shall file a proof of service.

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2. Opposition, if any, to the motion shall be filed no later than March 22, 2017. Reply, if
any, shall be filed no later than March 29, 2017.

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3. Defendant trustees shall not be permitted to proceed pro se.

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4. Hearing on the motion to amend is continued to April 19, 2017 at 10:00 a.m. in

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courtroom no. 24.

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Dated: March 1, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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