Opinion
2:12-cv-0682-LDG-RJJ
03-04-2013
JOSE FLORENTINE CRUZ, Plaintiff, v. KNIGHT TRANSPORTATION, INC., Defendant.
ORDER
After plaintiff's apparent failure to respond to written discovery requests, to appear for his own deposition, to provide for a "HIPAA" medical release as ordered by the magistrate judge, and to conduct any discovery on his own, defendant Knight Transportation, Inc., filed a motion to dismiss (#34, opposition #38, reply #40). On November 16, 2012, the magistrate judge granted plaintiff's counsel's motion to withdraw and granted an emergency motion to continue discovery (#42).
The court finds that plaintiff's discovery failures warrant sanction; however, given plaintiff's current pro se status, and the undeveloped record regarding efforts to compel plaintiff's compliance,
THE COURT HEREBY ORDERS that plaintiff shall have thirty (30) days from the entry of this order in which to respond to defendant's written discovery requests, to comply with the magistrate judge's order regarding the provision of the "HIPAA" medical release, and to contact defendant's counsel with regard to dates for plaintiff's own deposition and the propounding of any of plaintiff's own discovery.
THE COURT FURTHER ORDERS that if plaintiff does not comply fully with this order, his complaint will be dismissed with prejudice.
THE COURT FURTHER ORDERS that the discovery plan and scheduling order deadlines are VACATED until further notice.
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Lloyd D. George
United States District Judge