Opinion
Case No. 1:01-cv-700
July 1, 2002
REPORT AND RECOMMENDATION
This is a civil action brought by the United States of America to reduce to judgment its federal tax assessments against defendant Thomas C. Coon and to foreclose federal tax liens on real property located in Howard City, Michigan. The claim against defendant Thomas C. Coon is therefore in personam; the remaining defendants are parties to an in rem action involving the subject real estate.
By order entered May 29, 2002, United States District Judge Douglas W. Hillman established a Rule 16 scheduling conference for June 27, 2002, and required the parties to participate in the preparation of a joint status report. The joint status report was filed on June 25, 2002, and reflects that defendant Thomas C. Coon failed to participate in its preparation, in violation of Judge Hillman's order. I conducted the Rule 16 scheduling conference at the appointed time, 9:30 a.m. on June 27, 2002. Counsel for plaintiff appeared, but Mr. Coon did not. A man who could have been Mr. Coon was present in the lobby outside the courtroom, but refused to identify himself to court personnel. The man's only response to questions concerning his identity and reason for being in the courthouse was typical tax-protester jargon, such as, "Do you have a claim against me?"
Rule 16(f) provides that "If a party or a party's attorney fails to obey a scheduling or pretrial order, or if no appearance is made on behalf of a party at a scheduling or pretrial conference . . . the judge, upon motion or the judge's own initiative, may make such orders with regard thereto as are just, and among others, any of the orders provided in Rule 37(b)(2)(B), (C), (D). FED. R. Civ. P. 16(f). In my opinion, Mr. Coon has no intention of participating in any meaningful way in the proceedings in this court. His only response to the complaint is a nonsensical document titled "Verified Actual and Constructive Notice" (docket # 21), which fails to meet the substance of the complaint and instead is replete with incomprehensible statements typical of pro se, tax protester litigants. Mr. Coon apparently wishes to make a mockery of the court and its processes and has no intention of litigating this case on its merits. His wilful failure to participate in the scheduling conference subjects him to sanctions under Rule 16(f) and the most appropriate sanction is the entry of a default against him. If Mr. Coon has any excuse or justification for his conduct, he may raise it with the district judge within the ten days allowed for objections to this report and recommendation.
Recommended Disposition
For the foregoing reasons, I recommend that a default be entered against defendant Thomas C. Coon as a sanction under Rule 16(f).