Mueller v. Desert Palace, Inc. et al

Filing 61

ORDER Re: 59 Status Report. Plaintiff is to contact Defendants' attorneys by 2/20/2018 to confer on a schedule to move this case forward. A new joint statement signed by Plaintiff and defense counsel shall be filed by 2/27/2018. In the event Plaintiff fails to contact Defendants' attorneys by 2/20/2018 Defendants shall file a notice so indicating. Signed by Magistrate Judge Nancy J. Koppe on 2/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SCOTT MUELLER,
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)
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Plaintiff(s),
)
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v.
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TOUCH LLC, et al.,
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Defendant(s).
)
__________________________________________)

Case No. 2:17-cv-00999-APG-NJK
ORDER

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Plaintiff is proceeding in this case pro se. On January 4, 2018, the Court issued an order that

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“Plaintiff is CAUTIONED that he is required to comply with all Court orders and applicable rules

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moving forward.” Docket No. 52 at 2 (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). On

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January 17, 2018, the Court ordered “the parties to file a joint statement that includes a schedule for this

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case to proceed.” Docket No. 56. The Court has now received a filing from Defendants representing

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that Plaintiff did not participate in the preparation or filing of the joint statement, and would not return

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counsel’s communications. Docket No. 59 at 1-2.

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Plaintiff has a duty to prosecute his claims. Fed. R. Civ. P. 41(b). As previously cautioned,

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Plaintiff also has a duty to comply with the Court’s orders. Docket No. 52 at 2. Plaintiff is hereby

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ORDERED to contact Defendants’ attorneys, by February 20, 2018, to confer on a schedule to move

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this case forward. A new joint statement signed by Plaintiff and defense counsel shall be filed by

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February 27, 2018. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE

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DISMISSAL OF THIS CASE. In the event Plaintiff fails to contact Defendants’ attorneys by February

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20, 2018, Defendants shall file a notice so indicating.

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IT IS SO ORDERED.

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DATED: February 12, 2018

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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