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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. 2:20-cv-01679-TL

JAMES ENCINAS,
v.

Plaintiff,

ORDER ON MOTION TO
CONTINUE

UNIVERSITY OF WASHINGTON et al,
Defendants.

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This is an action for employment discrimination, retaliation, and wrongful termination

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brought by pro se Plaintiff James Encinas. Dkt. No. 46 at 1 (amended complaint). This matter is

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before the Court on Defendants’ Motion to Continue Trial Date. Dkt. No. 77.

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The trial in this case is currently set for August 26, 2024. Dkt. No. 66. By order of the

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Court (see Dkt. No. 73) on the Parties’ joint motion (Dkt. No. 71), the Parties engaged in a

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settlement conference before United States Magistrate Judge Michelle L. Peterson on

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February 21, 2024, but were unable to resolve the case. Since that time, Defendants report that

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Plaintiff’s email address no longer appears to be active, and Plaintiff has not responded to their

ORDER ON MOTION TO CONTINUE - 1

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attempts to contact him about the case. Dkt. Nos. 77 at 1–2; 78 ¶¶ 2–6; 78-1 (Exhibit A); 78-2

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(Exhibit B); 78-3 (Exhibit C); 78-4 (Exhibit D); 78-5 (Exhibit E). Specifically, Defendants were

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unable to contact Plaintiff to meet and confer regarding this motion and to confirm receipt of

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their notice of Plaintiff’s deposition, which was sent to Plaintiff via Federal Express overnight

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mail. Dkt. No. 78 ¶ 6. Defendants then filed the instant motion on March 14, 2024, correctly

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noted for consideration on March 22, 2024. See LCR 7(d)(2). Plaintiff’s deadline to respond in

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opposition to the motion was March 20, 2024. Id. Plaintiff failed to respond.

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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

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considered by the court as an admission that the motion has merit.” LCR 7(b)(2). Every party to

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a case must also maintain accurate contact information. See LCR 10(f).

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Defendants have shown that good cause exists to continue the currently scheduled trial

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and related pretrial dates. The Court therefore GRANTS Defendants’ motion (Dkt. No. 77) and

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STRIKES

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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

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contact information and (2) respond to Defendant’s attempts to communicate. Plaintiff may

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respond to this Order by filing a notice on the docket updating his current contact information,

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confirming whether he received Defendants’ letter and attached documents sent via Federal

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Express dated March 11, 2024 (see Dkt. No. 78-5), and affirming his intent to proceed with his

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case. Plaintiff’s failure to appropriately respond to this Order could result in this case being

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dismissed for his failure to prosecute. Plaintiff’s response must be filed by no later than

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Tuesday, April 30, 2024.

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//

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//
ORDER ON MOTION TO CONTINUE - 2

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An amended case management schedule will be entered by the Court, if necessary, at a
later date.
Dated this 26th day of March 2024.

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A

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Tana Lin
United States District Judge

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ORDER ON MOTION TO CONTINUE - 3