Pomponio v. Tarazi, 2:18-cv-02259-KJM-KJN. (2019)
Court: District Court, E.D. California
Number: infdco20190426944
Visitors: 29
Filed: Apr. 25, 2019
Latest Update: Apr. 25, 2019
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff's counsel indicates that although he requested entry of default as to defendants Daniel Katsaros and Jabra Tarazi, ECF No. 6, and although the clerk entered default against both defendants, ECF No. 8, plaintiff's counsel has since learned that Katsaros is incompetent, ECF No. 11 4. Plaintiff's counsel further indicates that Katsaros's attorney is seeking appointment of a conservator to represent Katsaros in this case, the parties agre
Summary: ORDER KIMBERLY J. MUELLER , District Judge . Plaintiff's counsel indicates that although he requested entry of default as to defendants Daniel Katsaros and Jabra Tarazi, ECF No. 6, and although the clerk entered default against both defendants, ECF No. 8, plaintiff's counsel has since learned that Katsaros is incompetent, ECF No. 11 4. Plaintiff's counsel further indicates that Katsaros's attorney is seeking appointment of a conservator to represent Katsaros in this case, the parties agree..
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ORDER
KIMBERLY J. MUELLER, District Judge.
Plaintiff's counsel indicates that although he requested entry of default as to defendants Daniel Katsaros and Jabra Tarazi, ECF No. 6, and although the clerk entered default against both defendants, ECF No. 8, plaintiff's counsel has since learned that Katsaros is incompetent, ECF No. 11 ¶ 4. Plaintiff's counsel further indicates that Katsaros's attorney is seeking appointment of a conservator to represent Katsaros in this case, the parties agreed "to discuss the best course of action once a permanent conservatorship has been appointed," and plaintiff intends to withdraw the entry of default as to defendant Katsaros. ECF No. 11 ¶¶ 4-6.
Accordingly, plaintiff is ORDERED to file a status report within thirty days of this order and every thirty days thereafter as to whether a conservator has been appointed for defendant Katsaros. Plaintiff is further ORDERED to move for default judgment against Tarazi within 30 days of this order, noticing the motion to be heard by the assigned magistrate judge under Local Rule 302(c)(19). The Clerk of the Court shall serve this order on Katsaros's counsel, Margaret K. Herring, at the following address:
Margaret K. Herring
Herring & Herring, APC
1001 B Avenue, Suite 215
Coronado, California 92118
IT IS SO ORDERED.
Source: Leagle
