(PS) Nieto v. Caliber Home Loans, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE NIETO, JR., No. 2:20-cv-0422-JAM-EFB PS 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 JP MORGAN CHASE BANK, N.A., et al., 15 Defendants. 16 17 The court previously issued an order setting an initial scheduling conference for August 18 12, 2020, and directing the parties to file status report by no later than July 29, 2020. ECF No. 2. 19 Defendant U.S. Bank Trust, N.A., As Trustee For LSF9 Master Participation Trust (“LSF9”) 20 timely filed a status report. ECF No. 23. Plaintiff, however, failed to separately file his own 21 status report. Accordingly, the status conference was continued, and plaintiff was ordered, by no 22 later than August 12, 2020, to file a status report and to show cause why sanctions should not be 23 imposed for his failure to file a status report. ECF No. 24. Plaintiff was also admonished that 24 failure to comply with the order could result in the imposition of sanctions, including a 25 recommendation that this action be dismissed for failure to prosecute and/or comply with court 26 orders. Id. at 2. 27 The deadline has passed and plaintiff has not filed a status report, nor has he otherwise 28 responded to the court’s order to show cause. 2 OL VAIN ER MUO eI VO Ee PAY eT 1 Accordingly, good cause appearing, it is ORDERED that the August 26, 2020 scheduling 2 || conference is vacated. 3 Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and 4 | tocomply with court orders. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 7 | after being served with these findings and recommendations, plaintiff may file written objections 8 || with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 9 || and Recommendations.” Failure to file objections within the specified time may waive the right 10 || to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 11 | Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 | DATED: August 19, 2020. 13 tid, PDEA 14 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28