Kent v. California Department of Consumer Affairs et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 2/2/12, ORDERING that plaintiff is sanctioned in amount of $100, payable to the Clerk of Court. However, the undersigned notes that it appears that plaintiff paid the sanction on 2/2/12. On or before 2/17/12, plaintiff shall file a Notice of Current Contact Information, which provides plaintiff's current mailing address and valid phone number. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN KENT,

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Plaintiff,

No. 2:09-cv-02905 KJM KJN PS

v.
STUART RIND; RICK VILLUCCI;
DIANA ROACH; RICK LOPEZ;
STEPHEN TAKIMOTO; LESLIE
YOAKUM; CARL VEGA; SUE
STIREWALT; KEVIN KERR; JIM
KLEIMAN; THOMAS EBLING; SUE
PAYNE; ANDREA SOUZA; ANITA
SISNEROS; JACQUELYN MAES;
PATRICIA NELSON; and UNKNOWN
CSLB EMPLOYEES 1-15,

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Defendants.

ORDER

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On February 2, 2012, the undersigned conducted a status (pretrial scheduling)

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conference (“scheduling conference”) in this case, and a scheduling order will be separately

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issued.1 This order concerns plaintiff’s ongoing failure to follow the court’s orders and Local

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Rules, and the resulting sanction.

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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As discussed at the scheduling conference, plaintiff failed to file a status report by

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January 19, 2012, as ordered by the court (see Order, Dec. 29, 2011, Dkt. No. 55), and materially

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failed to communicate with defendants’ counsel regarding the preparation of status reports in

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advance of the scheduling conference. Instead, plaintiff filed a status report on January 30, 2012,

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which addresses plaintiff’s failure to follow the court’s order by stating: “Plaintiff apologizes for

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his tardy submission of this status report” (Dkt. No. 59). As noted by the undersigned, plaintiff

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has repeatedly and consistently failed to follow the court’s orders and procedural rules in this

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case and another he filed in this court. (See Order, Nov. 16, 2011, at 4, Dkt. No. 52; Order &

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Order To Show Cause, Oct. 21, 2011, Dkt. No. 50; Order, Sept. 29, 2011, Dkt. No. 48; Order To

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Show Cause & Findings & Recommendations, June 28, 2011, Dkt. No. 42; Order, Jan. 4, 2011,

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Dkt. No. 29; see also, e.g., Findings & Recommendations, Dec. 1, 2011, Dkt. No. 73, adopted by

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Order, Jan. 9, 2012, Dkt. No. 74, filed in Kent v. City of Sacramento et al., 2:07-cv-02361 MCE

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KJN PS (closed).)

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Because of plaintiff’s repeated failures to comply with the court’s orders and

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Local Rules, the undersigned was left with no choice but to either impose a monetary sanction on

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plaintiff or recommend that his case be dismissed. See Local Rules 110 and 183(a). In view of

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the policy in favor of resolving cases on the merits, the undersigned announced at the scheduling

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conference an intention to impose a $250 sanction on plaintiff, but allowed plaintiff to address

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the possible sanction. After hearing from plaintiff, the undersigned reduced the sanction to $100,

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payable within 30 days. It appears that plaintiff paid the $100 sanction on February 2, 2012,

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shortly after the scheduling conference.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff is sanctioned in amount of $100, payable to the Clerk of Court.

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However, the undersigned notes that it appears that plaintiff paid the sanction on February 2,

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2012.

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On or before February 17, 2012, plaintiff shall file a Notice of Current

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Contact Information, which provides plaintiff’s current mailing address and valid phone number.

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Plaintiff is reminded of his obligation to notify the Clerk of Court of any change to his address or

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phone number. Local Rule 182(f) (“Each appearing attorney and pro se party is under a

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continuing duty to notify the Clerk and all other parties of any change of address or telephone

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number of the attorney or the pro se party. Absent such notice, service of documents at the prior

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address of the attorney or pro se party shall be fully effective. Separate notice shall be filed and

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served on all parties in each action in which an appearance has been made.”)

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IT IS SO ORDERED.
DATE: February 2, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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