Lundeen et al v. Bank Of New York Mellon

Filing 11

ORDER. By September 18, 2017, Mr. Kennedy must serve a copy of the court's previous order (ECF No. 8 ) and this order on Plaintiffs and file proof of that service. By October 10, 2017, Plaintiffs must (1) file a notice advising the court that they will represent themselves or (2) retain an attorney, who must file a notice of appearance by that date. Signed by Magistrate Judge Carl W. Hoffman on 9/11/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ARTHUR GREGORY LUNDEEN, IV, et al.,
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Plaintiffs,
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vs.
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BANK OF NEW YORK MELLON
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CORPORATION,
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Defendant.
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__________________________________________)

Case No. 2:17-cv-01981-JAD-CWH
ORDER

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This matter is before the court on the issue of whether Plaintiffs intend to represent
themselves or retain a new attorney.
On August 24, 2017, the court entered an order (ECF No. 8) that denied without prejudice

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the parties’ stipulation to extend time for Defendant Bank of New York Mellon Corporation to file

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a responsive pleading on the grounds that Plaintiffs’ attorney, Fred W. Kennedy, is not authorized

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to appear before this court. The court ordered Mr. Kennedy to serve a copy of the order on

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Plaintiffs and to file proof of that service by August 31, 2017. (Id.) The court further ordered the

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Plaintiffs to file a notice advising the court whether they will represent themselves or retain a new

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attorney. (Id.)

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On September 5, 2017, the court’s order (ECF No. 8), which was served on Mr. Kennedy at

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528 South Casino Center Boulevard, Suite 310, Las Vegas, Nevada, 89101, was returned as

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undeliverable. (Mail Returned as Undeliverable (ECF No. 9).) Today, the court re-mailed the

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order to Mr. Kennedy at 719 South 6th Street, Las Vegas, Nevada, 89101, which is the address

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listed on the parties’ stipulation (ECF No. 7). Given that Mr. Kennedy did not receive the court’s

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previous order, the court will amend the deadlines in that order as follows:

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By September 18, 2017, Mr. Kennedy must serve a copy of the court’s previous
order (ECF No. 8) and this order on Plaintiffs and file proof of that service.

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By October 10, 2017, Plaintiffs must (1) file a notice advising the court that they

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will represent themselves or (2) retain an attorney, who must file a notice of

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appearance by that date.

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DATED: September 11, 2017

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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