United States of America v. Business Recovery Services LLC et al

Filing 206

ORDER, Plaintiff's renewed motion for discovery 191 is denied; Plaintiff's motion to strike the answer of Defendant Business Recovery Service LLC ("BRS") 199 is granted; the amended answer of BRS 176 is stricken (this Order does not affect the answer of Brian Hessler, which is also part of Doc. 176); Plaintiff may move for entry of default against BRS within 60 days; Plaintiff may move for default judgment against BRS within 90 days; Plaintiff's motion to exceed pa ge limit 204 is granted; the Clerk Court shall file the Motion for Summary Judgment and Exhibits found at Doc. 204, attachments 2-14; Mr Hessler must update his address with the Court by 4/5/13; Mr Hessler shall also respond to the Government' s motion for summary judgment by 4/5/13; if Mr Hessler fails to do both of these things, the Government may move to strike his answer for failing to comply with a Court order; if the Government so moves, the Government may also include Mr Hessler per sonally in their motions for entry of default and default judgment; granting the motion to submit certain exhibits nonelectronically 205 ; Plaintiff shall deliver these exhibits (if it has not already done so) to the Clerk within 14 days; within 30 days, Plaintiff shall also file a transcript of all recordings (Plaintiff shall file this as an additional attachment to their motion for summary judgment); the Government shall send a copy of this Order to Mr Hessler.Signed by Senior Judge James A Teilborg on 3/6/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Business Recovery Services, LLC; Brian)
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Hessler,
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Defendants.
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United States of America,

No. CV 11-0390-PHX-JAT
ORDER

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IT IS ORDERED that Plaintiff’s renewed motion for discovery (Doc. 191) is denied.

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IT IS FURTHER ORDERED that Plaintiff’s motion to strike the answer of

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Defendant Business Recovery Service LLC (“BRS”) (Doc. 199) is granted; the amended

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answer of BRS filed at Doc. 176 is stricken (this Order does not affect the answer of Brian

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Hessler, which is also part of Doc. 176). Plaintiff may move for entry of default against BRS

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within 60 days. Plaintiff may move for default judgment against BRS within 90 days.

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IT IS FURTHER ORDERED that Plaintiff’s motion to exceed page limit (Doc. 204)

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is granted; the Clerk of the Court shall file the Motion for Summary Judgment and Exhibits

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found at Doc. 204, attachments 2-14.

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IT IS FURTHER ORDERED that the Court notes it previously ordered Mr. Hessler

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to update his address (Doc. 201). Mr. Hessler failed to comply with that order. The

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Government appears to be serving Mr. Hessler via email (see Doc. 204 at 3). The Court will

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not send documents to Mr. Hessler by email and will not continue to rely on the Government

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to provide Mr. Hessler with copies of Court orders. Further, the Court will not allow a

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litigant to disregard a Court order. Thus, Mr. Hessler must update his address with the Court

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by April 5, 2013. Mr. Hessler shall also respond to the Government’s motion for summary

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judgment by April 5, 2013. If Mr. Hessler fails to do both of these things, the Government

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may move to strike his answer for failing to comply with a Court order pursuant to Federal

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Rule of Civil Procedure 41(b).1 If the Government so moves, the Government may also

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include Mr. Hessler personally in their motions for entry of default and default judgment.

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IT IS FURTHER ORDERED granting motion to submit certain exhibits non-

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electronically (Doc. 205); Plaintiff shall deliver these exhibits (if it has not already done so)

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to the Clerk of the Court within 14 days; IT IS FURTHER ORDERED that within 30 days,

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Plaintiff shall also file a transcript of all recordings (Plaintiff shall file this as an additional

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attachment to their motion for summary judgment).

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IT IS FINALLY ORDERED that the Government shall send a copy of this Order
to Mr. Hessler.
DATED this 6th day of March, 2013.

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In this circuit, the Court may not grant a motion for summary judgment as a sanction
for failing to respond to the motion. Martinez v. Stanford, 323 F.3d 1178, 1183 (9th Cir.
2003). However, this Court can dismiss a case for failing to comply with Court orders,
failing to prosecute or failing to defend. See Henderson v. Duncan, 779 F.2d 1421, 1423 (9th
Cir. 1986).
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