Wells Fargo Bank National Association v. Woodward Family Trust et al

Filing 58

ORDER Re: 56 and 57 Notices. Mr. Vasquez must file a proper motion to substitute by 12/13/2017. Ricardo Fojas indicated that he intends to move to be substituted in place of Defendant Woodward Family Trust. Such motion must be filed by 12/13/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/29/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WELLS FARGO BANK NATIONAL
ASSOCIATION,

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Plaintiff(s),
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vs.
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WOODWARD FAMILY TRUST, et al.,
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Defendant(s).
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Case No. 2:16-cv-02449-GMN-NJK
ORDER

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On September 18, 2017, the Court discharged attorney Randal Alan DeShazer as attorney for

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Defendants Woodward Family Trust, Ferdinand Vasquez, and Madeleine Vasquez. Docket No. 52. The

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Court ordered Defendants Ferdinand Vasquez and Madeleine Vasquez to either have their new attorney

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file a notice of appearance or to file a notice of intent to proceed pro se. The Court further ordered

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Defendant Woodward Family Trust to either have its new attorney file a notice of appearance or, to the

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extent it has reason to believe it would be proper to do so, shall file a notice of intent to proceed pro se

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supported by legal authority that proceeding pro se would be appropriate. Cf. C.E. Pope Equity Trust

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v. United States, 818 F.2d 696, 697-98 (9th Cir. 1987) (holding that trust could not be represented pro

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se by trustee).

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Pending before the Court are several related notices. First, Defendant Ferdinand Vasquez has

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filed a notice that he intends to proceed pro se. Docket No. 57. The docket has been updated

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accordingly. The Court advises Mr. Vasquez that he is expected to comply with all Court orders and

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applicable rules, notwithstanding that he is proceeding pro se. See, e.g., King v. Atiyeh, 814 F.2d 565,

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567 (9th Cir. 1987). Failure to do so may result in the imposition of sanctions.

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Second, Mr. Vasquez has filed a notice that his wife has transferred her interest in the subject

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property to him. Docket No. 57. It appears that Mr. Vasquez is therefore trying to substitute as a party

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in place of his wife. See Fed. R. Civ. P. 25(c). To the extent that is the case, Mr. Vasquez must file a

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proper motion to substitute by December 13, 2017. The Court will evaluate whether such substitution

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is proper once that motion has been filed and briefing has been completed.

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Third, Ricardo Fojas has indicated that he intends to move to be substituted in place of

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Defendant Woodward Family Trust. Docket No. 56. Such motion must be filed by December 13, 2017.

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The Court will evaluate whether such substitution is proper once that motion has been filed and briefing

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has been completed.

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IT IS SO ORDERED.

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DATED: November 29, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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