(PS) Shinshuri v. California Physicians' Services

Filing 34

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/15/2023 DENYING 24 Motion to Proceed or Alternatively for Default Judgment as premature. (Woodson, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TAMME SHINSHURI, 12 13 14 15 16 No. 2:18-cv-03143 TLN CKD (PS) Plaintiff, v. ORDER CALIFORNIA PHYSICIANS’ SERVICES, Defendant. 17 18 Plaintiff is proceeding in this action pro se and in forma pauperis. Before the court is 19 plaintiff’s motion claiming that defendant failed to follow the August 2, 2019 order issued by the 20 district judge in this action. (ECF No. 24.) That order administratively stayed this case pending 21 state court proceedings in a similar case and directed defendant to inform the court “within thirty 22 (30) days after final resolution of the state court case[.]” (ECF No. 23 at 2.) 23 Plaintiff contends that the state case ended on July 12, 2023 “following the denial of the 24 petition for review in the California Supreme Court.” (ECF No. 24 at 2.) She asks for the stay in 25 this action to be lifted, and alternatively, for default judgment against defendant for failing to 26 timely inform the court of the state case’s resolution. (ECF No. 24 at 16.) 27 28 In opposition, defendant points out that, as of October 18, 2023, the state action was still pending because plaintiff had a motion set to be heard on October 31, 2023, which was 1 1 subsequently taken off calendar. (ECF No. 29 at 8.) Defendant asserts it will file the required 2 status report in this federal action within the thirty-day window after final resolution of the state 3 case, i.e., in November 2023, along with a motion to dismiss this action. (Id.) 4 Meanwhile, the stay has been lifted in this case to address plaintiff’s recent motion. (ECF 5 No. 31.) Insofar as plaintiff seeks any other relief based on defendant’s alleged failure to follow 6 the August 2, 2019 order, her motion is premature and will be denied. 7 Accordingly, IT IS HEREBY ORDERED THAT plaintiff’s motion to proceed or 8 alternatively for default judgment (ECF No. 24) is DENIED as premature. 9 Dated: November 15, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 2/shinshuri3143.order 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?