The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge
Shannon Reilly Courtroom Deputy
ATTORNEYS PRESENT FOR PLAINTIFFS: None None Present
ATTORNEYS PRESENT FOR DEFENDANTS: None
PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH COURT ORDER
In light of counsel's repeated and continued disregard of the Federal Rules of Civil Procedure, the Local Rules of the Central District of California, and the Court's Orders, the Court rules as follows:
Plaintiff filed this action in October 2010, alleging the following claims for relief in his First Amended Complaint: (1) excessive force, false arrest, malicious prosecution, and conspiracy under 42 U.S.C. § 1983; (2) a Monell claim (municipal policy and custom claim); (3) assault and battery; (4) false arrest; (5) tort in essence; (6) intentional infliction of emotional distress; and (7) violation of the California Civil Rights Act, Cal. Civil Code § 52.1. Plaintiff claims that he is entitled to compensatory damages in the amount of $4,441.50.
On November 8, 2011, the Court granted Defendants' Motion for Summary Adjudication with respect to Plaintiff's malicious prosecution, conspiracy, Monell, and tort in essenceclaims. The Pretrial Conference is scheduled for December 2, 2011, and the trial is scheduled for December 13, 2011.
Federal Rule of Civil Procedure 16(f)(1) provides:
On motion, or on its own, the court may issue any just orders, including those authorized by Rule ...