Lo v. ETT Gaming et al

Filing 14

ORDER Approving and Adopting 9 Report and Recommendation. This case is DISMISSED. The Clerk shall enter judgment accordingly. Signed by Judge Andrew P. Gordon on 04/29/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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YUNG LO,

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Plaintiff,
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v.
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ETT GAMING, et al.,
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Defendant.
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_______________________________________ )

2:12-cv-01887-APG-PAL

ORDER

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Plaintiff filed an application for leave to proceed in forma pauperis (#1) on November 5, 2012.
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The Magistrate Judge entered an Order (#2) denying the application (#1) without prejudice because
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Plaintiff submitted an incomplete application that omitted a description of her income. Plaintiff was
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granted leave to file a complete application by December 19, 2012.
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On December 3, 2012, Plaintiff paid the filing fee of $350.00 and filed a complaint (#5) alleging
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race discrimination and other causes of action against ETT Gaming, Affinity Gaming, Kathy Stuward,
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and Marta Faliacara. On January 14, 2013, the Magistrate Judge ordered (#6) Plaintiff to file a
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Certificate of Interested Parties by January 28, 2013. That Order plainly explained the requirements of
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LR 7.1-1. Plaintiff failed to file any response to the Order (#6), and on February 7, 2013, the Magistrate
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Judge entered an Order to Show Cause (#7) requiring Plaintiff to show cause, in writing, why sanctions
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should not be imposed for Plaintiff’s failure to file a Certificate of Interested Parties. The response to
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the Order to Show Cause (#7) was due by February 28, 2013. The Magistrate Judge also granted
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Plaintiff another opportunity to file the Certificate of Interested Parties by February 28, 2013, and forego
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having to respond to the Order to Show Cause (#7).
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On February 19, 2013, Plaintiff filed a document entitled “Motion” (#8), in which Plaintiff states
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that “[a]bout the Affinity gaming, and ETT Gaming. I need make clear, it written’ mistake, need make
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timing clear, about the Written Warning, it was happen at Affinity Gaming in charge the company, the
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date begin Jan/01/2011, to 02/28/2012, nothing to do about ETT Gaminf.” (Errors in original.) Plaintiff
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then stated that she had another complaint about ETT, and attached a document describing a further

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complaint concerning her treatment at the hands of ETT Gaming. No Certificate of Interested Parties

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was filed, nor did the Motion (#8) address the Order to Show Cause (#7). The “Written Warning”

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Plaintiff is attempting to clarify involves a cause of action in her complaint (#5), and does not appear

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to refer to the Order to Show Cause (#7).

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On March 7, 2013, the Magistrate Judge entered a Report and Recommendation (#9),

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recommending that the case be dismissed unless Plaintiff files the Certificate of Interested Parties no

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later than March 20, 2013. The Magistrate Judge notes that Plaintiff has failed to file the certificate or

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to request an extension of time in which to do so, or otherwise respond to the Order to Show Cause (#7).

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The Magistrate Judge further notes that Plaintiff’s failure to comply with the multiple orders requiring

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Plaintiff to file a Certificate of Interested Parties has disrupted timely management of the docket, wasted

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judicial resources, and delayed litigation.

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On March 11, 12, and 15, Plaintiff filed objections (##10-12) to the Report and Recommendation

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(#9), or responses to the Order to Show Cause (#7), stating that Plaintiff has already responded to the

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Order to Show Cause (#7) in filing the Motion (#8). Plaintiff again attached the Motion (#8), which

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does not address the issue of the missing Certificate of Interested Parties. As of this date, Plaintiff has

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not filed a Certificate of Interested Parties.

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When a party timely objects to a report and recommendation, the Court is required to make a de

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novo determination of the portions of the report to which objection is made. 28 U.S.C. § 636(b)(1).

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Plaintiff’s objections do not address the Report and Recommendation (#9), and Plaintiff has failed to

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comply with the Local Rules, the Federal Rules of Civil Procedure and the Magistrate Judge’s orders.

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Plaintiff has been given multiple opportunities to correct this error. Moreover, the Report and

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Recommendation (#9) is appropriate under the circumstances of this case.

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IT IS, THEREFORE, HEREBY ORDERED that the Report & Recommendation (#9) is
APPROVED AND ADOPTED and the case is DISMISSED.
The Clerk shall enter judgment accordingly.

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DATED this 29th day of April, 2013.

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_________________________________
United States District Judge

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