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Foreman v. Morgan Family Trust

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


October 30, 2007

LORENE FOREMAN, PLAINTIFF,
v.
MORGAN FAMILY TRUST; ANTHONY DI VINCENZO; AND DOES 1-15, DEFENDANTS.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER FOLLOWING HEARING ON ORDER TO SHOW CAUSE MELROY PROPERTY MANAGEMENT; [Dkt No. 17]

On October 30, 2007. the court convened the Order To Show Cause Re Sanctions ("OSC") hearing requiring the personal appearances of counsel of record, Genail Anderson, Esq., and plaintiffs following plaintiffs' notice to the court their counsel had abandoned their case. The First Amended Complaint ("FAC"), filed June 26, 2006, has never been served. Ms. Anderson and plaintiffs appeared at the hearing. Pursuant to discussions on the record, IT IS HEREBY ORDERED:

1. Although Ms. Anderson remains counsel of record and responsible for the prosecution of this action on behalf of her clients, the sanctions OSC is DISCHARGED.

2. On or before November 9, 2007, Ms. Anderson shall ensure either a Substitution of Attorney is filed, properly identifying new counsel or replacing herself with plaintiffs in pro per, or she shall cause to be filed a dismissal of the federal action as part of effectuating pursuit of plaintiffs' claims in state court. She shall instruct plaintiffs regarding service of process if the federal action is not dismissed and they proceed in pro per.

3. Leave is hereby granted to effectuate late service of the Summons and the FAC, as long as a copy of this Order accompanies the belated service of process and the service occurs before November 30, 2007.

4. If neither a Substitution of Attorney nor a Dismissal of the action is timely filed, on November 13, 2007 at 11:30 a.m Ms. Anderson and plaintiffs shall personally appear again before the undersigned District Judge for a status hearing.

5. The Clerk of Court is instructed to mail a copy of this filed Order to:

a. Ms. Genail Anderson, Esq. The Boss Law Firm 7220 Trade Street, Suite 207 San Diego, CA 92121 b) Lorene and Earnest Foreman P.O. Box 881233 San Diego, CA 92168-1233

IT IS SO ORDERED.

20071030

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