Shpitj et al v. Petaluma Skilled Nursing & Wellness Centre, LLC et al

Filing 19

ORDER GRANTING FINAL EXTENSION OF TIME. Signed by Judge JEFFREY S. WHITE on 9/2/11. (jjoS, COURT STAFF) (Filed on 9/2/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

LUDMILA SHPITJ,

11
For the Northern District of California

United States District Court

10

12
13

Plaintiff,

No. C 11-02072 JSW

v.

ORDER GRANTING FINAL
EXTENSION OF TIME

PETALUMA SKILLED NURSING,
Defendants.
/

14
15

On July 12, 2011, the Court issued an Order regarding information it had received

16

regarding the fact that Plaintiff Fred Labankoff required additional time to file an amended

17

complaint by July 15, 2011, and stated that unless any party had any information to the

18

contrary, it would grant Plaintiffs an additional thirty days to file an amended complaint. On

19

July 12, 2011, Mr. Labankoff also filed a request for an extension of time, which shall be

20

docketed forthwith. The Court granted that request and ordered Plaintiffs to file an amended

21

complaint by no later than September 16, 2011. The Court advised Plaintiffs that if they failed

22

to file an amended complaint by that date, or failed to file an additional request for an extension

23

of time showing good cause, the Court would dismiss the case without prejudice.

24

On August 16, 2011, the Court received a letter from Mr. Labankoff’s mother, Svetlana

25

Labankoff, in which she advised the Court that Mr. Labankoff had passed away. In that letter,

26

she appears to ask the Court for legal advice as to how to proceed with the complaint filed by

27

Mr. Labankoff and her sister, Ludmila Shpitj. The Court expresses its condolences to Ms.

28

Labankoff. Unfortunately, it cannot provide her with legal advice. However, it shall construe
her letter as a request for additional time to file an amended complaint. Accordingly, the Court

1

shall grant one final extension of time to file an amended complaint. Any amended complaint

2

shall be due by no later than December 2, 2011. If the Court has not received an amended

3

complaint by that date, it shall dismiss these claims without prejudice and without further

4

notice.

5

The Court HEREBY ADVISES Ms. Labankoff that a Handbook for Pro Se Litigants,

6

which contains helpful information about proceeding without an attorney, is available through

7

the Court’s website or in the Clerk’s office. She also may wish to seek assistance from the

8

Legal Help Center. She can call the Legal Help Center at 415-782-9000, extension 8657, or

9

sign up on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an

11
For the Northern District of California

United States District Court

10

attorney who may be able to provide basic legal help, but not legal representation.
IT IS SO ORDERED.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: September 2, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

FOR THE

8

NORTHERN DISTRICT OF CALIFORNIA

9
10
Case Number: CV11-02072 JSW

Plaintiff,
For the Northern District of California

United States District Court

LUDMILA SHPITJ et al,
11

CERTIFICATE OF SERVICE

12
v.
13
PETALUMA SKILLED NURSING et al,
14
Defendant.
15

/

16

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
17 District Court, Northern District of California.
18 That on September 2, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
19 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
20
21
22 Fred G. Labankoff
3828 Skyfarm Drive
23 Santa Rosa, CA 95402
24 Ludmila Shpitj
523 Hayes Lane
25 Petaluma, CA 94952
26 Dated: September 2, 2011
27

Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

28
3