Stolz v. Safeco Insurance Company Of America

Filing 32

ORDER Withdrawing Report and Recommendation 26 . The undersigned hereby WITHDRAWS the recommendation that the case be dismissed. The Court hereby ADMONISHES Plaintiff and CAUTIONS him that he is required to comply with all Court orders. Lastly, the Court hereby ORDERS the parties to submit proposed discovery plan no later than April 14, 2015. Signed by Magistrate Judge Nancy J. Koppe on 4/7/15. (Copies have been distributed pursuant to the NEF - TR)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

EDWARD STOLZ,

11

Plaintiff(s),

12

vs.

13

SAFECO INSURANCE COMPANY
OF AMERICA,

14
Defendant(s).
15

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:14-cv-02060-RFB-NJK
ORDER WITHDRAWING REPORT
AND RECOMMENDATION
(Docket No. 26)

16

On March 20, 2015, the undersigned entered a report and recommendation that Plaintiff’s

17

complaint be dismissed without prejudice for (1) failing to appear at the hearing scheduled for January

18

26, 2015; (2) failing to respond to the subsequent order to show cause; and (3) failing to timely file a

19

notice of intent to appear pro se or a notice of appearance by new counsel. Docket No. 26 at 1-2.

20

Following entry of that report and recommendation, Plaintiff’s newly-retained attorney filed a notice of

21

appearance. Docket No. 28. Plaintiff has also filed a response to the report and recommendation that

22

“he and his counsel are prepared to comply with all Court orders as may now be given.” Docket No.

23

31 at 2. In light of the above, the undersigned hereby WITHDRAWS the recommendation that the case

24

be dismissed.

25

Nonetheless, Plaintiff failed to comply with several court orders without reasonable justification.

26

Plaintiff and his new counsel acknowledge that Plaintiff “did err” in disobeying those orders. Docket

27

No. 31 at 3. The Court hereby ADMONISHES Plaintiff and CAUTIONS him that he is required to

28

1

comply with all Court orders. Any future failure to comply with a Court order or any applicable rule

2

may result in the imposition of significant sanctions, up to and including case-dispositive sanctions.

3
4

Lastly, the Court hereby ORDERS the parties to submit proposed discovery plan no later than
April 14, 2015.

5

IT IS SO ORDERED.

6

DATED: April 7, 2015

7
8

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2