Encinas v. University of Washington

Filing 79

ORDER granting Defendant's 77 Motion to Continue. The Court STRIKES the 66 Order Amending Jury Trial Date and Related Dates and ORDERS Plaintiff to SHOW CAUSE for failing to (1) maintain accurate contact information and (2) respond to Defendant's attempts to communicate. Plaintiff's response must be filed by no later than 4/30/2024. Signed by Judge Tana Lin. (cc: Plaintiff via USPS) (MJV)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 CASE NO. 2:20-cv-01679-TL JAMES ENCINAS, v. Plaintiff, ORDER ON MOTION TO CONTINUE UNIVERSITY OF WASHINGTON et al, Defendants. 15 16 17 This is an action for employment discrimination, retaliation, and wrongful termination 18 brought by pro se Plaintiff James Encinas. Dkt. No. 46 at 1 (amended complaint). This matter is 19 before the Court on Defendants’ Motion to Continue Trial Date. Dkt. No. 77. 20 The trial in this case is currently set for August 26, 2024. Dkt. No. 66. By order of the 21 Court (see Dkt. No. 73) on the Parties’ joint motion (Dkt. No. 71), the Parties engaged in a 22 settlement conference before United States Magistrate Judge Michelle L. Peterson on 23 February 21, 2024, but were unable to resolve the case. Since that time, Defendants report that 24 Plaintiff’s email address no longer appears to be active, and Plaintiff has not responded to their ORDER ON MOTION TO CONTINUE - 1 1 attempts to contact him about the case. Dkt. Nos. 77 at 1–2; 78 ¶¶ 2–6; 78-1 (Exhibit A); 78-2 2 (Exhibit B); 78-3 (Exhibit C); 78-4 (Exhibit D); 78-5 (Exhibit E). Specifically, Defendants were 3 unable to contact Plaintiff to meet and confer regarding this motion and to confirm receipt of 4 their notice of Plaintiff’s deposition, which was sent to Plaintiff via Federal Express overnight 5 mail. Dkt. No. 78 ¶ 6. Defendants then filed the instant motion on March 14, 2024, correctly 6 noted for consideration on March 22, 2024. See LCR 7(d)(2). Plaintiff’s deadline to respond in 7 opposition to the motion was March 20, 2024. Id. Plaintiff failed to respond. 8 9 The Court may modify a scheduling order upon a showing of good cause. LCR 16(b)(6). Additionally, “if a party fails to file papers in opposition to a motion, such failure may be 10 considered by the court as an admission that the motion has merit.” LCR 7(b)(2). Every party to 11 a case must also maintain accurate contact information. See LCR 10(f). 12 Defendants have shown that good cause exists to continue the currently scheduled trial 13 and related pretrial dates. The Court therefore GRANTS Defendants’ motion (Dkt. No. 77) and 14 STRIKES 15 the Order Amending Jury Trial Date and Related Dates (Dkt. No. 66). Further, the Court ORDERS Plaintiff to SHOW CAUSE for failing to: (1) maintain accurate 16 contact information and (2) respond to Defendant’s attempts to communicate. Plaintiff may 17 respond to this Order by filing a notice on the docket updating his current contact information, 18 confirming whether he received Defendants’ letter and attached documents sent via Federal 19 Express dated March 11, 2024 (see Dkt. No. 78-5), and affirming his intent to proceed with his 20 case. Plaintiff’s failure to appropriately respond to this Order could result in this case being 21 dismissed for his failure to prosecute. Plaintiff’s response must be filed by no later than 22 Tuesday, April 30, 2024. 23 // 24 // ORDER ON MOTION TO CONTINUE - 2 1 2 3 An amended case management schedule will be entered by the Court, if necessary, at a later date. Dated this 26th day of March 2024. 4 A 5 Tana Lin United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON MOTION TO CONTINUE - 3

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