Cruz v. Knight Transportation, Inc.

Filing 46

ORDER: Plaintiff shall have thirty (30) days from the entry of this order to respond to defendant's written discovery request. IT IS FURTHER ORDERED complaint shall be dismissed with prejudice if plaintiff does not comply fully with this order. IT IS FURTHER ORDERED that the discovery plan and scheduling order deadlines are VACATED until further notice. Signed by Judge Lloyd D. George on 3/1/2013. (Copies have been distributed pursuant to the NEF - DXS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSE FLORENTINE CRUZ,

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2:12-cv-0682-LDG-RJJ

Plaintiff,

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v.

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KNIGHT TRANSPORTATION, INC.,

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ORDER

Defendant.

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After plaintiff’s apparent failure to respond to written discovery requests, to appear for his

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own deposition, to provide for a “HIPAA” medical release as ordered by the magistrate judge, and

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to conduct any discovery on his own, defendant Knight Transportation, Inc., filed a motion to

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dismiss (#34, opposition #38, reply #40). On November 16, 2012, the magistrate judge granted

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plaintiff’s counsel’s motion to withdraw and granted an emergency motion to continue discovery

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(#42).

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The court finds that plaintiff’s discovery failures warrant sanction; however, given

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plaintiff’s current pro se status, and the undeveloped record regarding efforts to compel plaintiff’s

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compliance,

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THE COURT HEREBY ORDERS that plaintiff shall have thirty (30) days from the entry

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of this order in which to respond to defendant’s written discovery requests, to comply with the

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magistrate judge’s order regarding the provision of the “HIPAA” medical release, and to contact

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defendant’s counsel with regard to dates for plaintiff’s own deposition and the propounding of any

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of plaintiff’s own discovery.

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THE COURT FURTHER ORDERS that if plaintiff does not comply fully with this order,
his complaint will be dismissed with prejudice.
THE COURT FURTHER ORDERS that the discovery plan and scheduling order deadlines
are VACATED until further notice.

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DATED this ____ day of March, 2013.

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________________________
Lloyd D. George
United States District Judge

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