I reside in California. I am being sued by MANN BRACK0N for DISC0VER BANK. There is a CASE MANAGEMENT CONFERENCE coming up in the next few days. I read that I am supposed to file a CASE MANAGEMENT STATEMENT at least 15 days prior to the CASE MANAGEMENT CONFERENCE. However, in order to do that, I am supposed to have a MEET AND CONFER with MANN BRACK0N first. I found out that MANN BRACK0N has apparently shut down, their contact numbers disconnected, etc. So I am unable to have any sort of MEET AND CONFER with MANN BRACK0N. Should I still file the CASE MANAGEMENT STATEMENT and would it be too late to file it now? I don't want the judge to fine me for not filing the CASE MANAGEMENT STATEMENT. No discovery and exchanging of any communication has occurred between MANN BRACK0N and I during this whole time. I would put that discovery is ongoing and no meet and confer has taken place? DISC0VER BANK sent me a letter a few months ago before the date was set for the CASE MANAGEMENT CONFERENCE that another law firm was handling my account. At the time, I had no idea MANN BRACK0N was shut down and I thought MANN BRACK0N was still the lawyers for DISC0VER BANK. What should I do now?
You can't really claim that a case management conference cannot take place because you could hold that conference with the plaintiff's attorneys and you have apparently failed to do that. I think I would be very tempted to file a motion to dismiss the case because there is no plaintiff now before the court. You would have to state and prove that the plaintiff's attorneys are no longer in business as attorneys. If they are no longer in business I think I would contact the California bar association to see if they are still in good standing with them. If so then bring up the fact that they are no longer in business but are attempting to act in California courts. I'll have to admit that my suggestions are not based on any personal experience with this type of situation so I'm pretty much just guessing as to what might work but I would say that you certainly need to do something or it will go badly for you. Don't fail to show up for the court date. They may not but if they do I certainly would question their ability to appear in the case if they claim to work for Mann Bracken. If they are out of business then their assignment to act for Discover would certainly be questionable.
