Winding v. Allstate

Filing 95

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.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACOB WINDING,

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Plaintiff,

No. 2:09-cv-03526 KJM KJN PS

v.
ALLSTATE INSURANCE COMPANY
and DOES 1 through 25, inclusive,

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Defendants,

ORDER

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ALLSTATE INSURANCE COMPANY,

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Counter-claimant,
v.
JACOB WINDING,

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Counter-defendant.
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On or around September 27, 2011, a court order served on plaintiff and counter-

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defendant Jacob Winding via U.S. mail was returned to the court as undeliverable.1 In an order

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entered October 7, 2011, the court ordered Mr. Winding to file a notice of change of address no

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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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later than October 17, 2011, along with a statement regarding whether Mr. Winding intends to

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appear at the October 27, 2011 hearing on defendant and counter-claimant Allstate Insurance

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Company’s (“Allstate”) motions for summary judgment or partial summary judgment. (Order,

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Oct. 7, 2011, Dkt. No. 94.)

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Mr. Winding failed to file the court-ordered notice. Curiously however, the

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court’s October 7, 2011 order has not yet been returned as undeliverable. Regardless, Allstate’s

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motions for summary judgment or partial summary judgment will remain on calendar because

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those motions are fully briefed.

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If Mr. Winding appears at the October 27, 2011 hearing, the court will address

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any possible sanction for his failure to follow the court’s order. This is not Mr. Winding’s first

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failure to follow the court’s orders, the Federal Rules of Civil Procedure, or the court’s Local

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Rules, and Mr. Winding has been amply warned that such failures may result in the dismissal of

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his claims and the entry of judgment by default on Allstate’s counterclaim. (See Order, Sept. 6,

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2011, Dkt. No. 76; Order, Sept. 21, 2011, Dkt. No. 89; Order, Oct. 7, 2011, Dkt. No. 94.)

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Although presently inclined to rule on Allstate’s motions on the merits, the undersigned may

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ultimately recommend that Mr. Winding’s affirmative claims be dismissed, and a judgment by

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default be entered as to Allstate’s counterclaim, on the basis of Mr. Winding’s repeated failures

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to follow the court’s orders, the Federal Rules of Civil Procedure, and the court’s Local Rules.

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In light of the foregoing, IT IS HEREBY ORDERED that the hearing on

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Allstate’s motions for summary judgment or partial summary judgment shall remain on the

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court’s October 27, 2011 calendar.

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IT IS SO ORDERED.
DATED: October 19, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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