Jones v. Office of Workers' Compensation Programs

Filing 52

ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/2013 ORDERING 19 that plaintiff's motion to disallow and expunge is DENIED. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL R. JONES,

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No. 2:11-CV-2799-MCE-CMK

Plaintiff,
vs.

ORDER

OFFICE OF WORKERS’ COMP.
PROGRAMS,

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Defendant.
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/

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Plaintiff, who is proceeding pro se, brings this civil action under the Privacy Act

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and Freedom of Information Act. Pending before the court is plaintiff’s motion to disallow and

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expunge (Doc. 19) defendant’s March 21, 2012, status report, which was not addressed in the

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court’s March 29, 2012, order following a status conference held the day before.

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In his motion, plaintiff argues that defendant’s status report should be stricken

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from the record because it was not filed in time. In the court’s November 15, 2011, order setting

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the initial status conference, the parties were directed to “submit to the court and serve by mail

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on all other parties, no later than seven days before the Status (Pretrial Scheduling) Conference, a

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status report. . . .” A review of the record reflects that defendant’s status report was timely

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served and filed on March 21, 2012. Plaintiff’s statement that defendant’s status report was not
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served until March 23, 2012, is incorrect.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to disallow and
expunge (Doc. 19) is denied.

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DATED: January 16, 2013
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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