Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Pfennig v. City of Redding

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 2, 2009

MATTHEW PFENNIG, ET AL., PLAINTIFFS,
v.
CITY OF REDDING, ET AL., DEFENDANTS.

ORDER AND FINDINGS AND RECOMMENDATIONS

On October 2, 2009, defendants filed a motion for sanctions under Federal Rule of Civil Procedure 37 "dismissing the action by plaintiffs Robert Beaulieu, Jr. and Alicia Dumlao and the minor children Robert Beaulieu III and Joseph Beaulieu by and through their guardians ad litem Robert Beaulieu Jr. and Alicia Dumlao [("plaintiffs")] in its entirety," for their failure to respond to defendants' interrogatories and requests for production of documents. Dckt. No. 21 at 1-2. Defendants contend that "[p]laintiffs have failed to participate in the prosecution of their case necessitating [their attorney's] withdrawal as their counsel, they have failed to respond to defendants' discovery requests and correspondence sent to their addresses has been returned unopened." Id. at 5. Defendants noticed the motion for hearing on November 4, 2009.

Because plaintiffs failed to file a response to defendants' motion to compel, on October 30, 2009, the court continued the November 4 hearing to December 9, 2009; ordered plaintiffs to show cause why sanctions should not be imposed on them for their failure to timely file a response to defendants' motion; and directed plaintiffs to file an opposition to the motion, or a statement of non-opposition thereto, no later than November 18, 2009. Dckt. No. 23. The order further provided that "[f]ailure of plaintiffs to file an opposition will be deemed a statement of non-opposition to the pending motion, and may result in the granting of defendants' motion and/or the imposition of sanctions, including dismissal, as requested by defendants." Id. at 2.

The deadline to respond has passed and the court docket reflects that plaintiffs have not responded to the order to show cause nor filed an opposition or statement of non-opposition to defendants' motion.*fn1 In light of plaintiffs' failure to respond to defendants' properly served discovery requests, failure to respond to defendants' motion for sanctions, failure to respond to the October 30, 2009 order to show cause, and failure to keep the court apprised of their current addresses, the undersigned will recommend that defendants' motion for sanctions be granted and the claims of plaintiffs Robert Beaulieu, Jr. and Alicia Dumlao and the minor children Robert Beaulieu III and Joseph Beaulieu by and through their guardians ad litem Robert Beaulieu Jr. and Alicia Dumlao be dismissed without prejudice.*fn2 See Fed. R. Civ. P. 37(d)(3), 37(b)(2)(A)(v), 41(b); L.R. 110, 183(b).

Accordingly, IT IS HEREBY ORDERED that the hearing date of December 9, 2009 on defendants' motion for sanctions, Dckt. No. 21, is vacated.

It is FURTHER RECOMMENDED that:

1. Defendants' motion for sanctions, Dckt. No. 21, be granted; and

2. The claims of plaintiffs Robert Beaulieu, Jr. and Alicia Dumlao and the minor children Robert Beaulieu III and Joseph Beaulieu by and through their guardians ad litem Robert Beaulieu Jr. and Alicia Dumlao be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.