Valencia v. Maxwell et al

Filing 76

ORDER : that within 24 hours of the filing date of this Order, the Plaintiff's attorney shall file a Notice to Show Cause that contact with the Plaintiff has been reestablished, and he is ready to proceed with the pretrial conference. IT IS FURT HER ORDERED that in the event the Plaintiff has not reestablished contact with his attorney and is not ready to proceed with the pretrial conference, the Court shall vacate the pretrial conference and dismiss the case, with prejudice. Signed by Senior Judge David C Bury on 9/6/2019. (MCO)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Alberto Arellano Valencia,
Plaintiff,

10
11

ORDER

v.

12

No. CV-15-00499-TUC-DCB

Brandon Maxwell, et al.,

13

Defendants.

14
15

This case has been trial ready since January 10, 2019, when the Court granted

16

summary judgment for Defendants in part and denied it in part. The Court appointed

17

counsel to represent the Plaintiff for the purpose of settlement discussions and/or trial. On

18

April 19, 2019, the parties filed the Joint Proposed Pretrial Order. The Court set the case

19

for a pretrial conference to be held on May 20, 2019. On May 2, 2019, Plaintiff’s attorney

20

filed a Motion to Vacate the pretrial conference due to a loss of contact with the Plaintiff,

21

who was released from prison on February 26, 2019. The Plaintiff’s attorney reported that

22

Plaintiff had provided only one telephone number as a point of contact and efforts to reach

23

the Plaintiff with this telephone number had failed. Counsel had not heard from the

24

Plaintiff for over a month.

25

The Court reset the pretrial conference for September 4, 2019, and reset it again for

26

September 9, 2019. Unless otherwise ordered by the Court, a case is subject to dismissal

27

where there has been neither proceedings nor pleadings, notices, or other documents filed

28

for six (6) months or more. LRCiv. 41.1. This case is subject to such dismissal as of

1

October 19, 2019, for lack of prosecution. Because the case is set for a pretrial conference

2

before then, the Court orders the Plaintiff’s attorney to notify the Court that contact has

3

been reestablished with Plaintiff in order to show cause why this case should not be

4

dismissed for lack of prosecution. In the event, Plaintiff’s failure to prosecute this case

5

continues, the Court shall vacate the pretrial conference and dismiss the case, with

6

prejudice, for lack of prosecution.

7

Accordingly,

8

IT IS ORDERED that within 24 hours of the filing date of this Order, the Plaintiff’s

9

attorney shall file a Notice to Show Cause that contact with the Plaintiff has been

10

reestablished, and he is ready to proceed with the pretrial conference.

11

IT IS FURTHER ORDERED that in the event the Plaintiff has not reestablished

12

contact with his attorney and is not ready to proceed with the pretrial conference, the Court

13

shall vacate the pretrial conference and dismiss the case, with prejudice, for failure to

14

prosecute, pursuant to LRCiv 41.1, without further notice to the Plaintiff.

15

Dated this 6th day of September, 2019.

16
17
18
19
20
21
22
23
24
25
26
27
28

-2-