Sanchez v. Indymac Bank, FSB, et al.

Filing 86

ORDER signed by Judge Morrison C. England, Jr., on 8/31/11 ORDERING that the Court finds that Plaintiff's actions in failing to comply with the Court's repeated instructions are willful and terminating sanctions are appropriate. Terminating sanctions are thus issued against Plaintiff. The Clerk is ordered to close the case. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD SANCHEZ,

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Plaintiff,

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No. 2:09-cv-01186-MCE-KJN

v.

ORDER

INDYMAC BANK, F.S.B. et al.,

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Defendants.

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----oo0oo---Plaintiff Donald Sanchez (“Plaintiff”) filed the instant claim

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in April 2009 against multiple defendants, seeking redress for

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actions surrounding Plaintiff’s home mortgage.

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the Court set a hearing for an Order to Show Cause, after the

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parties failed to file a timely Joint Status Report in accordance

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with the Court’s previous order (ECF No. 77).

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to Show Cause hearing, Plaintiff’s request to dismiss two remaining

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defendants was granted, and the Court ordered Plaintiff to file a

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Request for Entry of Default Judgment on or before June 6, 2011

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(ECF No. 82). That request was ignored.

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///

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///

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On April 18, 2011,

At the May 5 Order

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Plaintiff’s counsel filed a declaration and related exhibits

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discussing an entry of default, but failed to actually file the

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default itself (See ECF Nos. 83 and 84).

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responsive Order that Plaintiff’s counsel’s documents did not

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satisfy the requirements of the Court’s previous orders (ECF

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No. 85).

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The Court explained in a

Plaintiff was further required to file a proper Request for

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Default Judgment by July 25, 2011.

The Court warned that failure

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to comply with the Court’s Order would result in terminating

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sanctions without further notice to the parties.

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failed to comply with the Court’s instructions.

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Again, Plaintiff

Therefore, the Court finds that Plaintiff’s actions in failing

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to comply with the Court’s repeated instructions are willful and

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terminating sanctions are appropriate.

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thus issued against Plaintiff.

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case.

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Terminating sanctions are

The Clerk is ordered to close the

IT IS SO ORDERED.
Dated:

August 31, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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