Ruiz v. US Department of Education Federal Student Aid Conditional Disability Discharge, et al

Filing 23

ORDER denying 22 Motion for leave to file a motion to dismiss signed by Magistrate Judge John F. Moulds on 3/29/10. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. U.S. DEPARTMENT OF EDUCATION FEDERAL STUDENT AID CONDITIONAL DISABILITY DISCHARGE; PROGRESSIVE FINANCIAL SERVICES, INC., Defendants. / On April 21, 2009, this matter was stayed pending plaintiff's attempt to retain counsel to represent her. On December 11, 2009, plaintiff was granted an additional four months in which to retain counsel. On that date, she was also ordered to file a status report on or before April 11, 2010 informing the court whether she would continue to represent herself in pro per or whether she had retained counsel to represent her. On March 12, 2010, defendant Progressive Financial Services, Inc., filed a motion for leave to file a motion to dismiss. Upon review and in light of plaintiff's status report due no later than April 11, 2010, the undersigned finds that defendant will not be prejudiced by waiting an additional two weeks before filing a motion to dismiss. 1 ORDER JENNIFER RUIZ, Plaintiff, No. 2:08-cv-2579 LKK JFM PS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /014; ruiz.mot Accordingly, defendant Progressive Financial Services' March 12, 2010 motion for leave to file a motion to dismiss is hereby denied. DATED: March 29, 2010. 2

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