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Donald Sanchez v. Indymac Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 31, 2011

DONALD SANCHEZ,
PLAINTIFF,
v.
INDYMAC BANK, F.S.B. ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

ORDER

Plaintiff Donald Sanchez ("Plaintiff") filed the instant claim in April 2009 against multiple defendants, seeking redress for actions surrounding Plaintiff's home mortgage. On April 18, 2011, the Court set a hearing for an Order to Show Cause, after the parties failed to file a timely Joint Status Report in accordance with the Court's previous order (ECF No. 77). At the May 5 Order to Show Cause hearing, Plaintiff's request to dismiss two remaining defendants was granted, and the Court ordered Plaintiff to file a Request for Entry of Default Judgment on or before June 6, 2011 (ECF No. 82). That request was ignored.

Plaintiff's counsel filed a declaration and related exhibits discussing an entry of default, but failed to actually file the default itself (See ECF Nos. 83 and 84). The Court explained in a responsive Order that Plaintiff's counsel's documents did not satisfy the requirements of the Court's previous orders (ECF No. 85).

Plaintiff was further required to file a proper Request for Default Judgment by July 25, 2011. The Court warned that failure 9 to comply with the Court's Order would result in terminating sanctions without further notice to the parties. Again, Plaintiff failed to comply with the Court's instructions.

Therefore, the Court finds that Plaintiff's actions in failing to comply with the Court's repeated instructions are willful and terminating sanctions are appropriate. Terminating sanctions are thus issued against Plaintiff. The Clerk is ordered to close the case.

IT IS SO ORDERED.

20110831

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