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Johnson v. Murphy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 7, 2009

SCOTT N. JOHNSON, PLAINTIFF,
v.
ROBERT T. MURPHY, INDIVIDUALLY AND AS TRUSTEE OF THE MURPHY FAMILY LIVING TRUST, DATED MARCH 11, 1993; VELMA DORIS MURPHY, INDIVIDUALLY AND AS TRUSTEE OF THE MURPHY FAMILY LIVING TRUST, DATED MARCH 11, 1993, DEFENDANTS.*FN1

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

Rule 16 NON-COMPLIANCE

ORDER

Plaintiff states in his status report filed on April 23, 2009, that "Defendants Robert T. Murphy and Velma Doris Murphy were served on March 1, 2009, but have not answered [and that a] motion for Default will be filed at the appropriate time." Status Report at 2 and 3(emphasis added). Plaintiff sheds no light on what he means by "appropriate time." Therefore, and since Plaintiff should know that he should have given more information concerning prosecution of the action against these defendants because of his many prior lawsuits in this court, Plaintiff shall provide that information in a filing due no later than noon on May 11, 2009. Plaintiff shall also explain in this filing why he did not provide the above requested information in the status report he filed April 23, 2009. Plaintiff made the same ambiguous statement in Johnson v. A&B Family, Inc., which is pending in this district as action number 09cv335. Failure to comply with these directives may result in dismissal of this action for failure to do what Plaintiff should understand he is required to do. It should be clear to Plaintiff that the district court has the power to manage its dockets "without being subject to . . . non-compliance with case management orders." In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1227 (9th Cir. 2006)(citation omitted). "Rule 16, the central pretrial rule, authorizes a court to manage cases so that disposition is expedited [and] wasteful pretrial activities are discouraged . . ." Id.

IT IS SO ORDERED.


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