Festa v. NDOC

Filing 172

ORDER. IT IS ORDERED that Festa must comply with 9/26/2022 170 Order and LocalRules 16-3 and 16-4. By 11/18/2022, Festa must either (1) respond meaningfully to the defendants draft order and provide the information necessary to complete his portion of the order, or (2) file a response to this order explaining why he is unable to do so. If he fails to do either of these by 11/18/2022, the court will dismiss his claims and close this case without further notice. If he participates in drafting the joint pretrial order, the parties must file it by 12/2/2022. Signed by Judge Andrew P. Gordon on 10/28/2022. (Copies have been distributed pursuant to the NEF - TRW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 ANTHONY FESTA,

Case No.: 2:17-cv-00850-APG-NJK

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Order for Plaintiff to Participate in
Preparing Joint Pretrial Order

Plaintiff

5 v.
6 NDOC, et al.,
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Defendants
On September 26, 2022, I ordered the parties to file a proposed joint pretrial order by

9 October 28, 2022. ECF No. 170. On October 27, 2022, the defendants filed their own proposed
10 order. ECF No. 171. The defendants allege that they provided a draft of the order to plaintiff
11 Anthony Festa, but he did not respond. Id. at 1-2.
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Local Rule 16-3(b) requires Festa to take the initiative to set up a meeting or discussion

13 with the defendants’ lawyers to prepare the joint proposed pretrial order. To ease the process,
14 the defendants drafted a joint order. Festa’s failure to respond to the draft order makes it
15 impossible for this case to proceed. Although Festa is representing himself, he is required to
16 comply with court rules and my orders. I warned Festa that the failure to comply with my order
17 may result in sanctions, including dismissal of claims or defenses without further notice. ECF
18 No. 170. I will give Festa one more chance to comply with Local Rules 16-3 and 16-4 by
19 responding meaningfully to the defendants’ draft proposed joint pretrial order. If he does not, I
20 will dismiss his claims.
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I THEREFORE ORDER Festa to comply with my September 26, 2022 order and Local

22 Rules 16-3 and 16-4. By November 18, 2022, Festa must either (1) respond meaningfully to the
23 defendants’ draft order and provide the information necessary to complete his portion of the

1 order, or (2) file a response to this order explaining why he is unable to do so. If he fails to do
2 either of these by November 18, 2022, I will dismiss his claims and close this case without
3 further notice. If he participates in drafting the joint pretrial order, the parties must file it by
4 December 2, 2022.
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DATED this 28th day of October, 2022.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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