Theodore Myers v. County of Los Angeles Child Support Services Department

United States District Court for the Central District of California

Theodore Myers v. County of Los Angeles Child Support Services Department

Trial Court Opinion

1 FILED CLERK, U.S. DISTRICT COURT 2 3 CENTRAL DISTRICT OF CALIFORNIA —_CW □□□□□ 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 1 | THEODORE MYERS, Case No.: EDCV 19-01182-CJC (KKx) 12 Plaintiff, V ORDER TO SHOW CAUSE WHY 14 ° CASE SHOULD NOT BE DISMISSED Ee LM □□□ AND 15 || COUNTY OF LOS ANGELES CHILD 6 SUPPORT SERVICES COURT RULES DEPARTMENT, CALIFORNIA 17 |} DEPARTMENT OF HEALTHCARE AND FAMILY DIVISION OF CHILD SUPPORT SERVICES, AND LOS 19 || ANGELES COUNTY CHILD SUPPORT SERVICE DEPARTMENT, Defendants. 22 23 24 In this case, filed on June 26, 2019, pro se Plaintiff Theodore Myers alleges that 25 || Defendants County of Los Angeles Child Support Services Department, California 26 || Department of Healthcare and Family Division of Child Support Services, and Los 27 || Angeles County Child Support Service Department made him “unwittingly” sign his 28 ||name on “a fraudulent contract” that created “a debt that they can collect on in using

1 court orders to enforce fraudulent debt and interest” —apparently child support. (Dkt 1 2 1.) Before the Court is Defendants’ ex parte application to continue the deadline for 3 || filing motions, the pretrial conference, and trial, because Plaintiff has been non- 4 ||responsive. (Dkt. 30.) Indeed, Defendant states that “Mr. Myers has been absent for the 5 |}entirety of this lawsuit and has not made any Rule 26 disclosures, nor has he responded to 6 || written discovery, and has never responded to counsel herein’s letters or phone messages 7 || since the inception of this lawsuit,” including Defendant’s attempt to meet and confer 8 ||regarding a motion for summary judgment. (Dkt. 30 at 4.) 9 10 It is Plaintiff's responsibility to prosecute his case diligently. Even though he is 11 || proceeding pro se, he is responsible for following court rules regarding serving and filing 12 || pretrial documents (including meeting and conferring with opposing counsel regarding 13 || those documents), and complying with deadlines. King v. Atiyeh,

814 F.2d 565, 567

(9th 14 || Cir. 1987), overruled on other grounds by Lacey v. Maricopa County,

693 F.3d 896

(9th 15 || Cir. 2012) (en banc) (“Pro se litigants must follow the same rules of procedure that 16 || govern other litigants.”). It appears that Plaintiff has not been doing so. This is not the 17 || first time Plaintiff has failed to do so, as the Court has previously issued an order to show 18 || cause regarding dismissal for lack of prosecution. (See Dkt. 21.) The Court once again 19 || ORDERS Plaintiff to show cause in writing by April 29, 2021 why this case should not 20 || be dismissed for failure to prosecute and failure to follow court rules. Failure to file a 21 || document by that date will result in dismissal of this case. 22 23 || DATED: April 20, 2021 Ko Lo 24 f 7 25 ee HON. CORMAC J. CARNEY

7 UNITED STATES DISTRICT JUDGE 28

Reference

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