Malifrando v. Real Time Resolutions, Inc. et al.

Filing 37

ORDER signed by Magistrate Judge Gregory G. Hollows on 3/10/17. In light of the pendency of the 11/19/16 Findings and Recommendations, Plaintiff's Motion will be vacated from the court's calendar to be re-calendared, or other appropriate action can taken, after the District Court issues its order.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK MALIFRANDO,

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Plaintiff,

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No. 2:16-cv-0223 TLN GGH PS

v.

ORDER

REAL TIME RESOLUTIONS, INC., et al,

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Defendants.

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On November 29, 2016, this court issued Findings and Recommendations resolving a

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Motion to Dismiss that had been filed by defendant Real Time Resolutions, Inc. [“Real Time”]

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that recommended, among other things, that defendant Real Time would be required to respond to

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the amended complaint within thirty (30) days of an order adopting the findings and

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recommendations. ECF No. 33. Those Findings and Recommendations are still pending before

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the District Judge assigned to this case, so Real Time’s duty to answer has not ripened.

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Thereafter, plaintiff filed a Motion for Leave to Amend his First Amended Complaint to

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add a new party defendant, ECF No. 35, to which Real Time filed an Opposition. ECF No. 36.

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In light of the pendency of the November 29, 2016 Findings and Recommendations,

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plaintiff’s Motion will be vacated from the court’s calendar to be re-calendared, or other

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appropriate action can taken, after the District Court issues its order.

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IT IS SO ORDERED.
Dated: March 10, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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