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Barabino v. Citizens Automobile Finance

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


August 20, 2010

ROBERT BARABINO, PLAINTIFF,
v.
CITIZENS AUTOMOBILE FINANCE, INC.; A CORPORATION, JPMORGAN CHASE BANK, A CORPORATION; WESTERN SURETY COMPANY, A CORPORATION; AND DOES 1 THROUGH TWENTY, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Presently before the Court is Plaintiff Robert Barabino's Motion for Issuance of a Scheduling Order, currently set for hearing on September 2, 2010. Although the parties were instructed, by Order filed January 6, 2010 (ECF No. 3) to file a Joint Status Report within sixty (60) days following the Notice of Removal, which in this case occurred on January 5, 2010, the required Joint Status Report was in fact never filed.

On August 4, 2010, the Court reiterated its demand for a Joint Status Report, and directed that said Report be filed not later than August 24, 2010, with all parties participating.

Given the fact that the submission of a Joint Status Report will trigger issuance of the scheduling order sought by Plaintiff through the subject Motion, the objective of Plaintiff's Motion has already been accomplished through the Court's August 4, 2010 Order. Accordingly, Plaintiff's Motion for Issuance of Scheduling Order (ECF No. 37) is DENIED as moot.*fn1 The scheduled hearing date of September 2, 2010 is vacated.

IT IS SO ORDERED.


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