Joseph Quattrochi Sr et al v. Melodie Scott et al
Filing
28
MINUTE ORDER IN CHAMBERS REQUIRING PLAINTIFFS TO SHOW CAUSE, BY JUNE 30, 2012, WHY THIS MATTER SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE, AND VACATING THE JUNE 4, 2012, SCHEDULINGCONFERENCE by Judge Virginia A. Phillips: As the matter stands c urrently, Plaintiffs, one of which is the estate of Joseph Quattrochi, Sr., are unrepresented by counsel,and neither Bernadette Garcia nor Joseph Quattrochi, Jr., may represent the interests of anyone else, including their father's estate, befor e the Court. See L.R. 83-2.1. Meanwhile, of the three original Defendants in this case, one has been dismissed, and while defaults have been entered against the remaining two Defendants, no default judgment has been sought against either. The Court t herefore ORDERS Plaintiffs to show cause in writing, on or before June 30, 2012, why this matter should not be dismissed without prejudice for failure to prosecute as to Defendants Scott and Conservatorship. Moreover, as a non-lawyer may not represen t the interests of the estate of Joseph Quattrochi, Sr., Plaintiffs must retain counsel to represent the estate's interests, and respond to this Order on its behalf, on or before that date. The Court VACATES the June 4, 2012, scheduling conference in this matter. (mrgo)
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PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 10-00344 VAP(OPx)
Date: May 15, 2012
Title:
JOSEPH QUATTROCHI, SR., et al. -v- MELODIE SCOTT, et al.
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:
None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:
None
PROCEEDINGS:
None
MINUTE ORDER REQUIRING PLAINTIFFS TO SHOW
CAUSE, BY JUNE 30, 2012, WHY THIS MATTER SHOULD
NOT BE DISMISSED FOR FAILURE TO PROSECUTE, AND
VACATING THE JUNE 4, 2012, SCHEDULING
CONFERENCE (IN CHAMBERS)
The estate of Plaintiff Joseph Quattrochi, Sr.; his son, Plaintiff Joseph
Quattrochi, Jr.; and his daughter, Plaintiff Bernadette Garcia, brought this action on
March 5, 2010, alleging Defendants Melodie Scott, Conservatorship & Resources for
the Elderly, Inc. ("Conservatorship"), and the United States Department of Veterans
Affairs ("DVA") withheld wrongfully and misdirected benefits to which Joseph
Quattrochi, Sr., was entitled prior to his death.
MINUTES FORM 11
CIVIL -- GEN
Initials of Deputy Clerk ___md___
Page 1
EDCV 10-00344 VAP(OPx)
JOSEPH QUATTROCHI, SR., et al. v. MELODIE SCOTT, et al.
MINUTE ORDER of May 15, 2012
On November 10, 2011, Plaintiffs sought successfully to default Defendants
Scott and Conservatorship. (See Doc. Nos. 12, 14). Plaintiffs never moved for a
default judgment against either Scott or Conservatorship, however. On March 15,
2012, DVA filed a Motion to Dismiss (Doc. No. 24), arguing the Court lacked subjectmatter jurisdiction to hear Plaintiffs' claims against it. On March 26, 2012, the
parties appeared before the Court for a scheduling conference; attorney Christine
Bachman appeared on Plaintiffs' behalf for the limited purpose of informing the Court
that Plaintiffs' counsel, James V. Reiss, had been declared ineligible to practice law
by the State Bar of California. The Court continued the scheduling conference to
June 4, 2012, to allow Plaintiffs to retain new counsel; it also moved the hearing date
for DVA's Motion to Dismiss from April 16, 2012 to May 14, 2012. (See Minutes
(Doc. No. 25).) Though the Court rescheduled the hearing on DVA's Motion,
Plaintiffs nevertheless failed to file a timely opposition. The Court thus dismissed
DVA as a party. (See Minute Order (Doc. No. 27).)
As the matter stands currently, Plaintiffs, one of which is the estate of Joseph
Quattrochi, Sr., are unrepresented by counsel ,and neither Bernadette Garcia nor
Joseph Quattrochi, Jr., may represent the interests of anyone else, including their
father's estate, before the Court. See L.R. 83-2.1. Meanwhile, of the three original
Defendants in this case, one has been dismissed, and while defaults have been
entered against the remaining two Defendants, no default judgment has been sought
against either. The Court therefore ORDERS Plaintiffs to show cause in writing, on
or before June 30, 2012, why this matter should not be dismissed without prejudice
for failure to prosecute as to Defendants Scott and Conservatorship. Moreover, as a
non-lawyer may not represent the interests of the estate of Joseph Quattrochi, Sr.,
Plaintiffs must retain counsel to represent the estate's interests, and respond to this
Order on its behalf, on or before that date. The Court VACATES the June 4, 2012,
scheduling conference in this matter.
IT IS SO ORDERED.
MINUTES FORM 11
CIVIL -- GEN
Initials of Deputy Clerk ___md___
Page 2
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