Estate Of Theresa Adachi v. TruStage Insurance Agency, LLC d/b/a Trustage Insurance ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 ESTATE OF THERESA ADACHI, et al., Case No. 2:23-cv-01922-JCM-NJK 7 Plaintiffs, REPORT & RECOMMENDATION 8 v. 9 TRUSTAGE INSURANCE AGENCY, LLC, 10 Defendant. 11 Plaintiff Francis Steele has failed to update his address. E.g., Docket Nos. 16, 19. “A 12 party, not the district court, bears the burden of keeping the court apprised of any changes in his 13 mailing address.” Carey v. King, 856 F.2d 1439, 1441 (9th Cir. 1988) (per curiam); see also In re 14 Hammer, 940 F.2d 524, 526 (9th Cir. 1991). To that end, the local rules require that litigants 15 immediately file written notification of any change of address, and the local rules expressly warn 16 that failure to do so may result in case-dispositive sanctions. See Local Rule IA 3-1. 17 On February 15, 2024, the Court ordered Plaintiff Steele to file a notice of change of 18 address by March 14, 2024. Docket No. 18. Plaintiff Steele failed to do so. As a result, the Court 19 ordered Plaintiff Steele to file a notice of change of address by April 1, 2024. Docket No. 21. The 20 Court expressly warned that “FAILURE TO COMPLY WITH THIS ORDER MAY RESULT 21 IN DISMISSAL OF THIS CASE.” Id. at 1 (emphasis in original). To date, Plaintiff Steele has 22 failed to comply with that order. 23 Plaintiff Steele has disobeyed the local rules and the Court’s orders requiring prompt 24 updating of a litigant’s address. Plaintiff Steele’s failure to update his address, his disobedience 25 with the local rules, and his disobedience of the Court’s orders are abusive litigation practices that 26 have interfered with the Court’s ability to hear this case, delayed litigation, disrupted the Court’s 27 timely management of its docket, wasted judicial resources, and threatened the integrity of the 28 Court’s orders and the orderly administration of justice. Sanctions less drastic than dismissal are 1} unavailable because Plaintiff Steele has refused to comply with the orders of this Court notwithstanding the warning that case-dispositive sanctions may be imposed. 3 Accordingly, in light of the circumstances outlined above, the undersigned RECOMMENDS that this case be DISMISSED without prejudice as to Plaintiff Steele. 5 Dated: June 3, 2024 “es a Nancy J. Koppe 7 United States Magistrate Judge 8 9 NOTICE 10 This report and recommendation is submitted to the United States District Judge assigned 11] to this case pursuant to 28 U.S.C. § 636(b)(1). A party who objects to this report and 12] recommendation must file a written objection supported by points and authorities within fourteen 13] days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 14] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 15] F.2d 1153, 1157 (9th Cir. 1991). 16 17 18 19 20 21 22 23 24 25 26 27 28