Frances v. Accessible Space, Inc. et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 5/1/19 ORDERING that Within 14 days of this order, Plaintiff shall provide defense counsel with copies of all discovery materials referenced her Rule 26 initial disclosures; Within 14 days of this order, the parties shall confirm a date for Plaintiff to be deposed, to be scheduled on a date within 30 days of this order; After the 14 days have expired, defense counsel shall file with the court a status report advising whether the above deadl ines were met; Within 30 days of this order, Plaintiff shall appear at her deposition as scheduled; and Plaintiff's failure to fully comply with each of the above deadlines shall result in a recommendation that the case be dismissed under Rule 37(b) and/or Rule 41(b). (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANGELICA FRANCES,

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Plaintiff,

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No. 2:16-cv-01016 JAM AC (PS)

v.

ORDER

ACCESSIBLE SPACE, INC., et al.,

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Defendants.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned by Local Rule 302(c)(21). On March 4, 2019, defendants filed a motion to dismiss

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for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b). ECF No. 53. Plaintiff

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did not respond to the motion. The undersigned continued the hearing on the motion from

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April 3, 2019 to May 1, 2019 to give plaintiff another chance to file an opposition or statement of

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non-opposition. ECF No. 54. On April 17, 2019, plaintiff filed a document which the court

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construed as her opposition to defendants’ motion to dismiss. ECF Nos. 55, 57, 58.
The matter came on for hearing today, May 1, 2019. Defense counsel appeared, but

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plaintiff did not appear. Plaintiff had contacted the Courtroom Deputy regarding the hearing, and

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was instructed that if she wished to appear telephonically, she would have to say so and make the

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necessary arrangements. The Courtroom Deputy never heard back from plaintiff.

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In an order dated April 19, 2019, the undersigned informed plaintiff that her failure to

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appear, either in person or by telephone, at the May 1, 2019 hearing would result in a

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recommendation that the action be dismissed. ECF No. 57. Given plaintiff’s absence, the court

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is fully prepared to recommend that the case be dismissed under Rule 37(b) and/or Rule 41(b) of

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the Federal Rules of Civil Procedure. However, the court will delay doing so for 14 days from

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the date of this order to give plaintiff a final opportunity to provide her long-awaited discovery

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materials and schedule her deposition.

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Good cause appearing, IT IS HEREBY ORDERED that:
1. Within 14 days of this order, plaintiff shall provide defense counsel with copies of
all discovery materials referenced her Rule 26 initial disclosures;
2. Within 14 days of this order, the parties shall confirm a date for plaintiff to be
deposed, to be scheduled on a date within 30 days of this order;
3. After the 14 days have expired, defense counsel shall file with the court a status
report advising whether the above deadlines were met;
4. Within 30 days of this order, plaintiff shall appear at her deposition as scheduled;
and

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5. Plaintiff’s failure to fully comply with each of the above deadlines shall result in a

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recommendation that the case be dismissed under Rule 37(b) and/or Rule 41(b).

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DATED: May 1, 2019

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