(PS) Cho et al v. Select Portfolio Servicing, Inc. et al, No. 2:2017cv01073 - Document 102 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/20/2018 ORDERING that the 100 Findings and Recommendations are VACATED. No later than 5/10/2018, plaintiffs shall file an amended complaint that complies with the terms of the court's 91 order. Failure to comply with the terms and deadlines of this order will result in a recommendation of dismissal of the action with prejudice. (Zignago, K.)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUNG HYUN CHO, et al., 12 13 14 15 16 No. 2:17-cv-01073-KJM-CKD (PS) Plaintiffs, v. ORDER SELECT PORTFOLIO SERVICING, INC., et al., Defendants. 17 18 On April 5, 2018, after plaintiffs missed two court-ordered deadlines to file an amended 19 complaint (see ECF Nos. 91, 96), the undersigned recommended dismissal of this matter, 20 pursuant to Federal Rule of Civil Procedure 41(b). (ECF No. 100.) 21 Then, on April 17, 2018, plaintiffs filed objections to the undersigned’s recommendations. 22 (ECF No. 101.) However, plaintiffs have neither filed an amended complaint nor requested any 23 additional time to do so. Instead, plaintiffs appear to move for reconsideration of the court’s 24 January 17, 2018 order dismissing the complaint with leave to amend. (See ECF No. 101.) To 25 the extent that plaintiffs seek reconsideration, that request is denied as plaintiffs have not 26 demonstrated any relevant change to the law or facts in this matter. Moreover, the court once 27 again advises plaintiffs that this matter was not automatically stayed when plaintiffs filed an 28 interlocutory appeal to the court’s January 17, 2018 order. 1 1 Still, the court has a great desire to have this matter resolved on its merits, rather than by 2 involuntary dismissal. Thus, in light of plaintiffs’ pro se status and their recent appearance, 3 plaintiffs will be afforded a final opportunity to amend the complaint. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The court’s April 5, 2018 order and findings and recommendations (ECF No. 100) are 6 7 8 9 VACATED. 2. No later than May 10, 2018, plaintiffs shall file an amended complaint that complies with the terms of the court’s January 17, 2018 order (ECF No. 91). 3. Failure to comply with the terms and deadlines of this order will result in a 10 recommendation of dismissal of the action with prejudice pursuant to Federal Rule of 11 Civil Procedure 41(b). 12 Dated: April 20, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 14/ps.17-1073.cho.vfrsanctions 17 18 19 20 21 22 23 24 25 26 27 28 2