Washington v. AT&T Corp. et al

Filing 15

ORDER DIRECTING DEFENDANT AT&T CORP. TO FILE MEMORANDUM CLARIFYING ITS REPRESENTATION BY 5:00 PM ON OCTOBER 22, 2010. Signed by Judge Beeler on 10/21/10. (lblc2, COURT STAFF) (Filed on 10/21/2010)

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1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California Oakland Division DONALD C WASHINGTON, v. AT & T CORP, et al., Defendants. _____________________________________/ Plaintiff, No. C 10-03751 LB ORDER DIRECTING DEFENDANT AT&T CORP. TO FILE MEMORANDUM CLARIFYING ITS REPRESENTATION BY 5:00 PM ON OCTOBER 22, 2010 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant AT&T Corp. removed this case from California state court on August 23, 2010. Notice of Removal, ECF No. 1. In its Notice of Removal, Defendant AT&T Corp. states that Plaintiff has not served AT&T Inc. with the Complaint. Id. at 2. On September 27, 2010, Plaintiff filed a Motion to Remand the case back to state court. Motion to Remand, ECF No. 6. Defendant AT&T Corp. filed an Opposition to the Motion to Remand on October 14, 2010. Opposition, ECF No. 11. Because counsel for AT&T Corp. has signed all of the documents it has filed with the Court solely on behalf of AT&T Corp. and not AT&T Inc., it appears that AT&T Inc. has not yet made an appearance in this action. Notice of Removal, ECF No. 1 at 6; Certificate of Interested Entities, ECF No. 2 at 2; Proof of Service, ECF No. 4 at 11; Consent to Proceed Before U.S. Magistrate, ECF No. 9 at 1; Opposition to Motion to Remand, ECF No. 11 at 15. However, counsel for Defendant AT&T Corp. appears on the docket sheet as the counsel of record for AT&T Inc. As a result, the /// /// C 10-03751 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California Court HEREBY ORDERS Counsel for Defendant AT&T Corp. to file a memorandum clarifying whether it represents AT&T Inc. in the pending suit by 5:00 p.m. on October 22, 2010. IT IS SO ORDERED. Dated: October 21, 2010 _______________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-03751 2

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