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Altmann v. IndyMac Federal Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 3, 2010

ERNEST ALTMANN, PLAINTIFF,
v.
INDYMAC FEDERAL BANK, GREEN TREE SERVICING, LLC; NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK, FIRST BANK DBA FIRST BANK MORTGAGE; QUALITY LOAN SERVICE CORP.; BANK OF AMERICA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; REMIEN MORTGAGE FAMILY, INC.; ROBERT REMIEN: GEORGE ROJAS, DEFENDANTS.*FN1

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STATUS ORDER AND ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

A status conference was scheduled in this case on February 1, 2010; however, that status conference was submitted in light of the status of this case. Two defendants filed a status report in connection with the February 1, 2010 status conference, in which they state Plaintiff made no attempt to contact their counsel about the content of a joint status report. Plaintiff failed to file a timely status report, and has not yet served two defendants; the service issue will be addressed in a separate order. The two defendants submitting a joint status report indicate this case should not yet be fully scheduled since the sufficiency of Plaintiff's complaint will be challenged in a dismissal motion. Therefore, the following status order issues, and a further status hearing is scheduled to commence at 9:00 a.m. on June 14, 2010, and a joint status report shall be filed fourteen days before the status hearing.

DISMISSAL OF DOE DEFENDANTS

Since Plaintiff has not justified Doe defendants remaining in this action, Does 1 through 20 are dismissed. See Order Setting Status (Pretrial Scheduling) Conference filed August 25, 2009, at 2 n.2 (indicating that if justification for "Doe" defendant allegations not provided Doe defendants would be dismissed).

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

No further service or joinder of parties is permitted, except with leave of Court, good cause having been shown.

IT IS SO ORDERED.


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