Johnston v Lindauer

Filing 46

ORDER signed by Judge Garland E. Burrell, Jr on 4/15/09 ORDERING that Johnston is sanctioned in the amount of FIVE HUNDRED DOLLARS ($500.00). Johnston shall pay the sanction to the Clerk of the Court for this District, no later than 3:30 p.m. on 4/27/09. Johnston shall also file a pretrial statement no later than 3:30 p.m. on 4/27/09. The Final Pretrial Conference is rescheduled to commence at 01:30 PM on 5/11/2009 in Courtroom 10. Defendants G & R Mortgage and American Mortgage are DISMISSED as defendants from this case since Johnston failed to file proof of service to these Defendants as required by the Order filed on 9/28/07. (Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants.1 16 17 v. CHARLENE LINDAUER, a/k/a CHARLENE MACALUSO; VALUE HOME LOAN, CLIFF JOHNSTON, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 2:07-cv-01280-GEB-EFB ORDER TO PAY A SANCTION; CONTINUING FINAL PRE-TRIAL CONFERENCE; AND DISMISSING TWO NAMED DEFENDANTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff Cliff Johnston (hereinafter referenced as

18 "Johnston"), representing himself in this case, failed to respond to 19 an OSC filed March 20, 2009, which required a response no later than 20 April 6, 2009. The OSC ordered Johnston to show cause why a sanction

21 should not be imposed against him due to his failure to file a timely 22 final pretrial statement. 23 Since Johnston failed to respond to the OSC and did not file

24 a final pretrial statement, Johnston is sanctioned in the amount of 25 FIVE HUNDRED DOLLARS ($500.00). 26 27 28 The caption has been amended to reflect dismissal of Defendants G & R Mortgage and American Mortgage; these Defendants are dismissed at 2:14-15 of this Order. 1
1

Johnston shall pay the sanction to

1 the Clerk of the Court for this District at 501 I Street, Sacramento, 2 California, no later than 3:30 p.m. on April 27, 2009; the check shall 3 be made payable to the "United States Treasury." 4 Moreover, Johnston shall file proof of payment of this five

5 hundred dollar sanction on or before April 28, 2009. 6 Johnston shall also file a pretrial statement no later than

7 3:30 p.m. on April 27, 2009. 8 Further, Johnston is WARNED if he fails to comply with this

9 Order, this case could be dismissed before or at the final pretrial 10 conference rescheduled to commence at 1:30 p.m. on May 11, 2009 in 11 courtroom 10, located at 501 I Street, Sacramento, California. 12 Johnston and counsel for each party shall appear at the final pretrial 13 conference. 14 Lastly, Defendants G & R Mortgage and American Mortgage are

15 dismissed as defendants from this case since Johnston failed to file 16 proof of service to these Defendants as required by the Order filed on 17 September 28, 2007. 18 19 Dated: 20 21 22 23 24 25 26 27 28 2 GARLAND E. BURRELL, JR. United States District Judge IT IS SO ORDERED. April 15, 2009