Deck v. Wells Fargo Bank, N.A. et al

Filing 72

ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/19 GRANTING plaintiff until 2/20/19 to file a second amended complaint or a notice of voluntary dismissal. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VERNON DECK,

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No. 2:17-cv-0234-MCE-KJN PS
Plaintiff,

v.

ORDER

WELLS FARGO BANK, N.A., et al.,

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Defendants.

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On January 9, 2019, the court denied plaintiff’s motion for recusal and dismissed

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plaintiff’s first amended complaint with leave to amend. (ECF No. 68.) Plaintiff was granted 21

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days to file a second amended complaint. (Id.)

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Thereafter, on January 29, 2019, plaintiff filed a notice of appeal to the Ninth Circuit

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Court of Appeals. (ECF No. 69.) The Ninth Circuit Court of Appeals will consider plaintiff’s

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interlocutory appeal on whatever schedule it deems appropriate. However, plaintiff is cautioned

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that unless the Ninth Circuit issues a formal stay, this court’s order requiring the filing of a

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second amended complaint remains in full effect. Nevertheless, in light of plaintiff’s pro se

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status, and in the event that plaintiff may have delayed preparing a second amended complaint

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based on a belief that a notice of appeal would automatically stay the district court action, the

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court grants plaintiff a limited extension of time to file a second amended complaint.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted an extension of time until February 20, 2019 to file a second

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amended complaint in compliance with the court’s January 9, 2019 order.
2. Alternatively, if plaintiff no longer wishes to file a second amended complaint, he

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shall instead file a notice of voluntary dismissal of the action by February 20, 2019.

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3. Failure to file either a second amended complaint or a notice of voluntary dismissal by

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February 20, 2019 (absent a stay order issued by the Ninth Circuit) may result in the

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imposition of sanctions, including monetary sanctions and/or a recommendation that

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the action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: January 31, 2019

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