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United States District Court, E.D. CaliforniaJul 13, 2010
NO. CIV. S-08-2737 LKK/DAD. (E.D. Cal. Jul. 13, 2010)

NO. CIV. S-08-2737 LKK/DAD.

July 13, 2010


On April 20, 2010, the court granted plaintiffs, Barry and Janet Avers', former counsel's motion to withdraw. ECF No. 60. The court ordered plaintiffs to inform the court whether they have retained alternative counsel or whether they instead wish to proceed in pro se within forty-five (45) days. Accordingly, plaintiffs' response was due on June 4, 2010. On June 11, 2010, defendants Shire US Inc. and Mallinkrodt Inc. filed a notice indicating that plaintiffs had not responded. Shortly thereafter, chambers staff called plaintiffs at the telephone numbers listed on the proof of service to plaintiffs' counsel's motion to withdraw. ECF No. 61. On June 23, 2010, Janet Avers called the court. She stated that she was going to mail a letter stating that she wants to dismiss the case. She also indicated that she and Barry Avers were separated. The court has not received a letter from Janet Avers.

For the foregoing reasons, the court ORDERS as follows:

(1) The court shall hold a hearing on August 30, 2010 at 10 a.m. in Courtroom 4, 15th floor of the Robert T. Matsui United States Courthouse, 501 I Street, Sacramento, CA 95814.
(2) Both plaintiffs Barry and Janet Avers are ORDERED to appear at this hearing. Failure to appear will result in DISMISSAL of their case.


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