Hassan v. The United States Office of Foreign Assets Control (OFAC) et al

Filing 78

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/23/15 ORDERING Experian's motion to compel is VACATED and CONTINUED to 3/5/15 at 10:00 a.m. in Courtroom 25 before the undersigned; the 3/26/15 hearing on Corelogic& #039;s Motions to Compel is VACATED and ADVANCED to 3/5/15 at 10:00 a.m. in Courtroom 25 before the undersigned. Plaintiff shall file any response to the pending motions no later than 3/2/15 at 5:00 p.m. Defendants may, but need not, file a reply t o any response no later than 3/4/15 at 12:00 p.m. Plaintiff shall also SHOW CAUSE, in writing, why the action should not be dismissed based on plaintiff's purported discovery conduct and failure to prosecute the case. Plaintiff's response due no later than 3/2/15 at 5:00 p.m. Plaintiff shall appear in person at the 3/5/15 hearing, and shall not be permitted to appear telephonically. Failure to strictly comply with the terms and deadlines of this order may result in the imposition of sanctions, including a recommendation of dismissal of the action pursuant to FRCP 41(b). (Meuleman, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN C. HASSAN, 12 Plaintiff, 13 14 No. 2:13-cv-1942-KJM-KJN v. ORDER AND CORELOGIC CREDCO, et al., 15 ORDER TO SHOW CAUSE Defendants. 16 17 18 Presently pending before the court is defendant Experian Information Solutions, Inc.’s 19 20 (“Experian”) motion to compel plaintiff’s responses to Experian’s interrogatories and requests for 21 production of documents, presently set for hearing on February 26, 2015. (ECF No. 73.)1 22 According to Experian, plaintiff failed to respond to Experian’s counsel’s attempts to meet and 23 confer concerning the outstanding discovery responses. In light of plaintiff’s complete failure to 24 respond to Experian’s discovery requests, the motion was noticed for hearing on fourteen (14) 25 days’ notice in accordance with Local Rule 251(e), requiring any response to the motion to be 26 filed not later than seven (7) days before the hearing date. The court’s records indicate that 27 28 1 Although plaintiff represents himself in this action, plaintiff is a licensed attorney in active status with the California Bar. As such, this action has not been designated as a pro se action. 1 1 plaintiff failed to file a response to Experian’s motion in accordance with Local Rule 251(e). 2 Furthermore, the court notes that another defendant, Corelogic Credco, LLC 3 (“Corelogic”), has also filed various motions to compel plaintiff’s responses to its interrogatories 4 and requests for production of documents, as well as a motion to compel plaintiff to provide 5 initial disclosures in accordance with the district judge’s prior scheduling order. (ECF Nos. 74, 6 75, 76, 77.) Those motions to compel are presently set for hearing on March 26, 2015. 7 The completion deadline for fact discovery in this matter is March 27, 2015. (See ECF 8 No. 67.) In light of plaintiff’s purported discovery conduct thus far, plaintiff’s failure to respond 9 to Experian’s motion in accordance with the Local Rules, and the imminently approaching fact 10 11 discovery completion deadline, IT IS HEREBY ORDERED that: 1. The February 26, 2015 hearing on Experian’s motion to compel is VACATED and 12 CONTINUED to Thursday March 5, 2015, at 10:00 a.m., in Courtroom No. 25 13 before the undersigned. 14 2. The March 26, 2015 hearing on Corelogic’s motions to compel is VACATED and 15 ADVANCED to Thursday March 5, 2015, at 10:00 a.m., in Courtroom No. 25 16 before the undersigned. 17 3. Plaintiff shall file any response to the pending motions to compel no later than 18 Monday March 2, 2015, at 5:00 p.m. Defendants may, but need not, file a reply to 19 any response no later than Wednesday March 4, 2015, at 12:00 p.m. 20 4. Plaintiff shall also SHOW CAUSE, in writing, why the action should not be dismissed 21 based on plaintiff’s purported discovery conduct and failure to prosecute the case. 22 Plaintiff’s response to the order to show cause shall be filed no later than Monday 23 March 2, 2015, at 5:00 p.m. 24 25 26 5. Plaintiff shall appear in person at the March 5, 2015 hearing, and shall not be permitted to appear telephonically. 6. Failure to strictly comply with the terms and deadlines of this order may result in the 27 imposition of sanctions, including a recommendation of dismissal of the action 28 pursuant to Federal Rule of Civil Procedure 41(b). 2 1 2 IT IS SO ORDERED. Dated: February 23, 2015 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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