Tenerelli v. Lockheed Martin Space Systems Company et al

Filing 51

ORDER LIFTING STAY AND SETTING CASE SCHEDULE. Signed by Judge Beth Labson Freeman on 12/7/2015. (blflc3S, COURT STAFF) (Filed on 12/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DOMINICK TENERELLI,

Case No. 15-cv-00012-BLF

Plaintiff,
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v.

ORDER LIFTING STAY AND SETTING
CASE SCHEDULE

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United States District Court
Northern District of California

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LOCKHEED MARTIN SPACE SYSTEMS
COMPANY, et al.,
Defendants.

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Plaintiff Dominick Tenerelli brings this suit alleging that Defendants Lockheed Martin

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Space Systems Company and Lockheed Martin Corporation discriminated against him, harassed

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him, retaliated against him, and terminated his employment in violation of public policy.

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Complaint ¶¶ 36-55. On October 21, 2015, the Court granted counsel for Plaintiff’s motion to

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withdraw and stayed this case until December 3, 2015 to allow Mr. Tenerelli time to find new

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counsel. ECF 42. The Court also set a further case management conference for December 3, 2015

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at 11:00 a.m. ECF 42, 43. Between October 21, 2015 and December 3, 2015, Mr. Tenerelli

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provided the Court with several updates regarding his search for new counsel. ECF 44 (Status

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Report on October 26, 2015), ECF 45 (Second Status Report on November 5, 2015), ECF 46

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(Third Status Report on November 12, 2015), ECF 47 (Letter regarding status on obtaining

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replacement attorney from Dominick Tenerelli on November 19, 2015). At the December 3, 2015

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case management conference, Mr. Tenerelli did not appear while counsel for Defendant was

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present. ECF 50.

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It is not clear to the Court why Mr. Tenerelli did not appear at the December 3, 2015 case
management conference without informing the Court. The Court advises Mr. Tenerelli that it will
not tolerate future failures to comply with orders of this Court. Although based on his status

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updates, Mr. Tenerelli is searching for new counsel, it does not appear that he is close to retaining

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new counsel. Since Mr. Tenerelli did not appear at the December 3, 2015 case management

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conference, and in the absence of a request to continue the stay, the Court LIFTS the stay on this

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action and Mr. Tenerelli must proceed pro se until he retains new counsel. The Court SETS the

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following case schedule:

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Event
Answer by Plaintiff to Defendants’
counterclaim1
Opposition by Plaintiff to Defendants’ motion
for summary judgment
Reply by Defendants to Defendants’ motion for
summary judgment
Last day to file dispositive motions
Final pretrial conference
Trial

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United States District Court
Northern District of California

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Date Due
January 11, 2016
February 12, 2016
February 19, 2016
March 16, 2017
July 6, 2017
July 31, 2017

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The Court advises Mr. Tenerelli that it is imperative that he complies with all rules,

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deadlines, and Court orders. The failure to prosecute this action or comply with the Federal Rules

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of Civil Procedure, Northern District of California’s Civil Local Rules, or Court orders or

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deadlines can result in the dismissal of this case with prejudice. See Fed. R. Civ. P. 41(b). The

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failure to respond to the counterclaim or Defendants’ pending motion for summary judgment may

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cause judgment to be entered against Plaintiff. The Court also advises Mr. Tenerelli that his pro

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se status will not be considered an excuse for future failures to comply with the rules and orders of

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this Court. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987) (“Pro se litigants must follow the

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same rules of procedure that govern other litigants.”).

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Mr. Tenerelli may wish to contact the Federal Pro Se Program, a free program that offers

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limited legal services and advice to parties who are representing themselves. The Federal Pro Se

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Program has offices in two locations, listed below. Help is provided by appointment and on a

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drop-in basis. Parties may make appointments by calling the program’s staff attorney, Mr. Kevin

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Knestrick, at 408-297-1480. Additional information regarding the Federal Pro Se Program is

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Although Defendants’ counterclaim was served on Plaintiff’s prior counsel, this was shortly
before Plaintiff’s prior counsel withdrew from the case. Accordingly, the Court requested that
Defendants serve a courtesy copy of its counterclaim on Plaintiff, which Defendants did. ECF 49.
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available at http://cand.uscourts.gov/helpcentersj.

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Federal Pro Se Program
United States Courthouse
280 South 1st Street
2nd Floor, Room 2070
San Jose, CA 95113
Monday to Thursday 1:00 pm – 4:00 pm
Fridays by appointment only

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Federal Pro Se Program
The Law Foundation of Silicon Valley
152 North 3rd Street
3rd Floor
San Jose, CA 95112
Monday to Thursday 9:00 am – 12:00 pm
Fridays by appointment only

IT IS SO ORDERED.
Dated: December 7, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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