IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 3, 2009
GONZALO VAZQUEZ AND OFELIA VAZQUEZ, PLAINTIFFS,
RECONTRUST COMPANY AND COUNTRYWIDE HOME LOANS, INC., DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER DIRECTING PLAINTIFFS TO APPEAR PERSONALLY OR TELEPHONICALLY ON MONDAY, FEBRUARY 9, 2009
Defendants filed a motion to dismiss Plaintiffs' complaint on November 7, 2008, (Docs. 9-10). Plaintiffs, who are represented by M.W. Roth, P.L.C., have not filed an opposition or statement of non-opposition to the motion to dismiss within the time required by Rule 78-230, Local Rules of Practice.
On February 2, 2009, the Court learned that M.W. Roth, P.L.C., may no longer be practicing law and that Plaintiffs may no longer be represented by counsel in this action. Plaintiffs have the option of representing themselves in this action or of retaining new counsel to represent them.*fn1 Plaintiffs are ORDERED to personally or telephonically appear on Monday, February 9, 2009 at 10:00 a.m. in Courtroom 3, Robert E. Coyle United States Courthouse, 2500 Tulare Street, Fresno, California, for the purpose of deciding whether Plaintiffs intend to represent themselves or intend to retain new counsel. If Plaintiffs elect to appear telephonically, Plaintiffs must so notify Courtroom Deputy Alice Timken at (559) 499-5652 no later than 4:00 p.m. on Friday, February 6, 2009, and shall provide Ms. Timken with a telephone number where Plaintiffs may be reached when the case is called on February 9, 2009. If Plaintiffs elect to appear telephonically, they must be available at their designated telephone number until they are contacted by the Court.*fn2
The merits of Defendants' motion to dismiss will not be heard until the issue of Plaintiffs' representation is resolved or the Court otherwise determines.
IT IS SO ORDERED.