Opinion
Case No. 04-CV-2303-WQH (JMA).
September 21, 2005
ORDER REQUIRING PLAINTIFF TO FILE NOTICE OF CURRENT ADDRESS AND TELEPHONE NUMBER
A telephonic Case Management Conference was scheduled for September 21, 2005 at 9:00 a.m. but was not held as neither the pro se Plaintiff nor counsel for Defendants was available at the time of the conference call.
This Court issued an order on August 12, 2005 which, inter alia, directed Plaintiff to file and serve a notice of current address and telephone number by no later than September 14, 2005. Plaintiff did not do so. On September 14, 2005, the Court received returned mail from the Richard J. Donovan Correctional Facility which confirms that Plaintiff has been paroled from that facility. IT IS HEREBY ORDERED that Plaintiff shall file and serve a notice of current address and telephone number by no later thanNovember 7, 2005. The Clerk of Court shall mail a copy of this Order to Plaintiff's last known address on Lyon Street, set forth below, and shall serve both a copy of this Order as well as the August 12, 2005 Order on Craig S. Momita, Esq., counsel of record for Defendants.
Local Civil Rule 83.11(b) provides:
A party proceeding pro se shall keep the court and opposing parties advised as to current address. If mail directed to a pro se plaintiff by the clerk at the plaintiff's last designated address is returned by the Post Office, and if such plaintiff fails to notify the court and opposing parties within 60 days thereafter of the plaintiff's current address, the court may dismiss the action without prejudice for failure to prosecute.
Plaintiff is warned once again that the failure to keep the Court and opposing parties apprised of his current address and telephone number will result in a recommendation by this Court that Plaintiff's case be dismissed for failure to prosecute pursuant to Local Civil Rule 83.11(b).
Questions regarding this case may be directed to the Magistrate Judge's law clerk at (619) 557-5585.
IT IS SO ORDERED.