Winding v. Allstate
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/2011 ORDERING that the hearing on Allstate's 59 and 60 Motions for Summary Judgment or Partial Summary Judgment shall remain on the Court's 10/27/2011 calendar. (Zignago, K.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:09-cv-03526 KJM KJN PS
ALLSTATE INSURANCE COMPANY
and DOES 1 through 25, inclusive,
ALLSTATE INSURANCE COMPANY,
On or around September 27, 2011, a court order served on plaintiff and counter-
defendant Jacob Winding via U.S. mail was returned to the court as undeliverable.1 In an order
entered October 7, 2011, the court ordered Mr. Winding to file a notice of change of address no
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).
later than October 17, 2011, along with a statement regarding whether Mr. Winding intends to
appear at the October 27, 2011 hearing on defendant and counter-claimant Allstate Insurance
Company’s (“Allstate”) motions for summary judgment or partial summary judgment. (Order,
Oct. 7, 2011, Dkt. No. 94.)
Mr. Winding failed to file the court-ordered notice. Curiously however, the
court’s October 7, 2011 order has not yet been returned as undeliverable. Regardless, Allstate’s
motions for summary judgment or partial summary judgment will remain on calendar because
those motions are fully briefed.
If Mr. Winding appears at the October 27, 2011 hearing, the court will address
any possible sanction for his failure to follow the court’s order. This is not Mr. Winding’s first
failure to follow the court’s orders, the Federal Rules of Civil Procedure, or the court’s Local
Rules, and Mr. Winding has been amply warned that such failures may result in the dismissal of
his claims and the entry of judgment by default on Allstate’s counterclaim. (See Order, Sept. 6,
2011, Dkt. No. 76; Order, Sept. 21, 2011, Dkt. No. 89; Order, Oct. 7, 2011, Dkt. No. 94.)
Although presently inclined to rule on Allstate’s motions on the merits, the undersigned may
ultimately recommend that Mr. Winding’s affirmative claims be dismissed, and a judgment by
default be entered as to Allstate’s counterclaim, on the basis of Mr. Winding’s repeated failures
to follow the court’s orders, the Federal Rules of Civil Procedure, and the court’s Local Rules.
In light of the foregoing, IT IS HEREBY ORDERED that the hearing on
Allstate’s motions for summary judgment or partial summary judgment shall remain on the
court’s October 27, 2011 calendar.
IT IS SO ORDERED.
DATED: October 19, 2011
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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