Smith v. US Bank National Association et al

Filing 25

ORDER denying as moot 11 Motion to Stay and denying as moot 17 Motion to Stay. The court grants Plaintiff's request for additional time to find counsel 21 and will allow Plaintiff 30 days within which to notify the court of the identity of an attorney(s) to represent her in this case or, alternatively, of her desire to proceed with this litigation without an attorney. Signed by Magistrate Judge Shiva V Hodges on 2/29/2012.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Charlotte Ann Smith,
Plaintiff,
vs.
Bank of America, N.A., as Successor by
Merger [to] LaSalle Bank N.A. as
Trustee for Certificate Holder[s] of
EMC Mortgage Corporation, Loan Trust
2005-A Mortgage Loan Pass-Through
Certificates, Series 2005-A, EMC
Mortgage Corporation, and Parent
Companies, The Bear Stearns
Companies, LLC and JP Morgan Chase
& Companies, Guardian Fidelity
Mortgage Inc., Guardian President and
CEO Howard H. Wright, Jr., Guardian
Assistant Manager Stacy Youngblood,
Guardian Chairman of the Board John
Good, Guardian Member
Owners/Shareholder[s]/Stockholders,
Defendants.

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C/A No.: 0:11-3251-MBS-SVH

ORDER

This matter is before the court on Plaintiff’s motion for extension of time to hire
counsel dated February 15, 2012. [Entry #21].
The court grants Plaintiff’s request for additional time to find counsel [Entry #21]
and will allow Plaintiff 30 days within which to notify the court of the identity of an
attorney(s) to represent her in this case or, alternatively, of her desire to proceed with this
litigation without an attorney. To this end, Plaintiff shall, within 30 days from the date of
this order, complete the attached notice and mail it to the clerk of court at the address

indicated. If Plaintiff fails to file the attached letter with the clerk within the time
prescribed, the court will assume he or she intends to proceed in this litigation without the
benefit of an attorney. If Plaintiff chooses to proceed pro se, she remains responsible for
insuring that the Clerk of Court has a current accurate address. The court will consider
Plaintiff pro se until and/or until she notifies the court that she has obtained an attorney to
represent her in this matter.
Plaintiff is specifically advised that, if no new attorney is obtained to represent her
interests, the court will expect this litigation to be conducted in accordance with all
provisions of the Federal Rules of Civil Procedure and that the court is unable to provide
her with legal advice. Plaintiff is directed to consult the Pro Se Guide available on the
District Court’s website at www.scd.uscourts.gov under the “pro se” tab. Failure to
comply with court rules could have serious consequences including, but not limited to,
striking a claim, defense, pleading, dismissing the action for lack of prosecution, and/or
holding the party in default.
In light of the extension granted herein, Plaintiff’s motions to stay [Entry #11, #
17] are denied as moot.
IT IS SO ORDERED.

February 29, 2012
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

2

Name ___________________________
Address___________________________
___________________________
Clerk of Court
United States District Court
901 Richland Street
Columbia, South Carolina 29201
In Re: 0:11-3251-MBS-SVH Smith v. Bank of America, N.A., et al.
Dear Mr. Propes:
In response to the order of Judge Hodges dated February 29, 2012, I wish to
advise as follows:
_____ 1.

I have obtained a new attorney to represent me in this matter. His
[or her] name, address, and telephone number are as follows:
__________________________________________
__________________________________________
OR

_____ 2.

I have NOT obtained a new attorney and will represent myself in
this matter. The clerk is directed to forward all notices and
pleadings to me at the above address. I understand that I am
obligated to comply with all provisions of the Federal Rules of Civil
Procedure and to keep the Clerk of Court informed as to my proper
address.
_____________________________________ ______________
Signature
Date
_____________________________________
Printed Name