Doglietto v. Trinity Protection Services, Inc.

Filing 59

ORDER signed by Magistrate Judge John F. Moulds on 7/2/2012 ORDERING Plaintiff to file a written Opposition to 45 Motion for Sanctions within 14 days; CONTINUING the Motion Hearing as to 45 Motion for Sanctions to 7/26/2012 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds; DIRECTING the Clerk of Court to serve a copy of this order on Plaintiff's home address. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEAN A. DOGLIETTO,
Plaintiff,

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vs.

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No. CIV 2:11-cv-1501-MCE-JFM

TRINITY PROT. SERV., INC.
Defendant.

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ORDER
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Pending before the court is defendant’s June 12, 2012 motion for terminating

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sanctions or, alternatively, evidentiary and monetary sanctions pursuant to Federal Rule of Civil

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Procedure 37. In its motion, defendant argues sanctions are warranted here due to plaintiff’s

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failure to participate in discovery and failure to prosecute this action. Specifically, defendant

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avers that plaintiff failed to participate in discovery through his failure to serve initial

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disclosures, to respond to defendant’s discovery requests, to timely appear at a scheduled

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deposition, and to appear at all at the June 28, 2012 hearing on plaintiff’s motion to quash and

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defendant’s motion to compel. Defendant also seeks dismissal for plaintiff’s failure to prosecute

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this action, as evidenced by plaintiff’s failure to serve any discovery at all, to file oppositions to

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defendant’s discovery motions, and to respond to any of defendant’s attempts at communication

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since May 9, 2012. Plaintiff has not filed an opposition.

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/////

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff shall file a written opposition to defendant’s June 12, 2012 motion

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within fourteen (14) days of the date of this order;

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2. The July 5, 2012 hearing on defendant’s motion is continued to July 26, 2012
at 11:00 a.m. in courtroom #26; and

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3. The Clerk of the Court is directed to serve a copy of this order on plaintiff at

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his home address of 8341 Holly Drive, Citrus Heights, California 95610.

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DATED: July 2, 2012.

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/014;dogl1501.jo2

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