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Lia Charlene Faalevao v. Timothy Davenport Mechem

July 14, 2011

LIA CHARLENE FAALEVAO,
PLAINTIFF,
v.
TIMOTHY DAVENPORT MECHEM, INSURED, AND ALLSTATE INSURANCE COMPANY, DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

FINDINGS AND RECOMMENDATIONS TO DISMISS THIS ACTION FOR PLAINTIFF'S FAILURE TO OBEY COURT ORDERS AND FAILURE TO PROSECUTE

RELEVANT PROCEDURAL BACKGROUND

On April 19, 2010, Plaintiff Lia Charlene Faalevao filed a complaint with this Court asserting causes of action against Defendants Timothy Davenport Mechem and Allstate Insurance Company. (Doc. 1.) This Court screened the complaint, and eventually the summons and complaint were served on Defendant Mechem.*fn1 (Docs. 6 & 14.) Defendant filed an answer to the complaint on October 27, 2010. (Doc.16.)

A Scheduling Conference Order was issued by District Judge Oliver W. Wanger on December 8, 2010, wherein numerous discovery deadlines and hearing dates were set and agreed to by all parties. (Doc. 24.)

On March 15, 2011, Defendant Mechem filed a Motion to Compel Answers to Interrogatories, to Compel Responses to Requests for Production of Documents, to Compel Attendance at Physical Examination, to Compel Attendance at Deposition, to Modify Scheduling Order, and to Continue the Trial Date, or in the Alternative, to Dismiss the Action. The motion was set before Judge Wanger. (Docs. 25-27.)

On May 9, 2011, the time set for hearing on the motion, Defendant Mechem appeared through counsel Paul Auchard; Plaintiff failed to appear. (Doc. 30.)

On May 17, 2011, Judge Wanger issued a Memorandum Decision and Order regarding Defendant's motion. In relevant part, Judge Wanger ordered Plaintiff to respond to interrogatories, requests for production of documents, and to attend both a deposition and a physical examination. Moreover, the scheduling order was ordered modified and the trial date was continued. (Doc. 35.)

On May 26, 2011, Judge Wanger ordered, in pertinent part, the following:

1. Plaintiff shall provide the Rule 26 disclosures within 30 days.

2. Plaintiff shall answer the interrogatories propounded by defendant[] within 30 days.

3, Plaintiff shall respond to defendant's request for production of documents within 30 days.

4. Plaintiff shall appear for a medical examination by Dr. H.B. Morgan on June 9, 2011, at 2:00 p.m. in the offices of Dr. Morgan located at 5690 N. Fresno St., #110, Fresno, California.

5. Plaintiff shall appear for her deposition on June 9, 2011, at 9:00 a.m. at the offices of Auchard & Stewart, 2377 W. Shaw, Suite 106, Fresno, California.

6. Defendant shall pay plaintiff's reasonable travel and lodging expenses for the medical examination and deposition referred to in ...


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