Tilei v. Wan et al

Filing 125

ORDER Vacating Trial And Extending Time For Plaintiff To Respond To Order To Show Cause, Thirty Day Deadline, Jury Trial Previously Scheduled For August 2, 2011 Has Been Vacated, signed by Judge Oliver W. Wanger on 8/17/2011. ( Responses due by 9/21/2011, Show Cause Response due by 9/21/2011) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PUNAOFO TSUGITO TILEI,

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Plaintiff,
v.
T. WAN, et al.,

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Defendants.

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1:06-cv-0776 OWW GSA PC
ORDER VACATING TRIAL AND
EXTENDING TIME FOR
PLAINTIFF TO RESPOND TO
ORDER TO SHOW CAUSE
THIRTY DAY DEADLINE
JURY TRIAL PREVIOUSLY
SCHEDULED FOR AUGUST 2,
2011 HAS BEEN VACATED

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This matter was set for jury trial on Tuesday, August 2,

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2011 at 9:00 a.m. in Courtroom 3 before District Judge Oliver W.

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Wanger.

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Plaintiff to file a declaration by July 25, 2011, showing cause

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why this case should not be dismissed for Plaintiff’s failure to

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prosecute.

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declaration by a non-party to this action, notifying the Court

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that Plaintiff is suffering from a debilitating medical condition

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which has caused him to remain bedridden for eight months.

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non-party requests that Plaintiff’s jury trial be extended and

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that counsel be appointed.

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On July 15, 2011, the Court entered an order requiring

(Doc. 121.)

On July 25, 2011, the Court received a

This action has been pending for more than five years.
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The

The

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Court cannot hold this case in abeyance indefinitely based on

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Plaintiff’s inability to prosecute.

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arises from the occurrence of unreasonable delay in prosecuting

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an action.

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Litigation, 460 F.3d 1217, 1227 (9th Cir. 2006) (citing

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Moneymaker v. CoBen (In re Eisen), 31 F.3d 1447, 1453 (9th Cir.

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1994)).

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is a non-attorney and a non-party to litigate on Plaintiff’s

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behalf.

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A presumption of injury

In re Phenylpropanolamine (PPA) Products Liability

Moreover, Plaintiff may not rely on another person who

Good cause appearing, the jury trial scheduled for August 2,

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2011 in this action has been vacated, and Plaintiff shall be

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granted an extension of time to respond to the Court’s order to

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show cause.

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declaration signed under penalty of perjury with Plaintiff’s

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original signature, either (1) notifying the Court that he

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intends to proceed with this action, or (2) requesting voluntary

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dismissal of this action.

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this action, he must also inform the Court of his ability to

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comply with court orders, meet case deadlines, and otherwise

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prosecute this action, including his ability to prepare for

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trial.

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Within thirty days, Plaintiff must file a

If Plaintiff intends to proceed with

Accordingly, based on the foregoing, IT IS HEREBY ORDERED
that:
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The jury trial in this action, scheduled for August 2,

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2011 at 9:00 a.m. before District Judge Oliver W. Wanger, has

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been VACATED;

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2.

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Plaintiff is GRANTED an extension of time in which to

respond to the Court’s order to show cause of July 15, 2011;
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Within thirty days of the date of service of this

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order, Plaintiff shall file a declaration as instructed by this

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order, either (1) notifying the Court that he intends to proceed

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with this action, or (2) requesting voluntary dismissal of this

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action; and

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4.

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Plaintiff’s failure to comply with this order may

result in the dismissal of this action.

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IT IS SO ORDERED.
Dated:
August 17, 2011
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/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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