Bartlett v. LVNV Funding, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION WILLIAM BARTLETT, CV 19-113-BLG-SPW-TJC Plaintiff, ORDER vs. LVNV FUNDING, LLC, Defendant.

Pursuant to the Court’s December 17, 2019, Order to Show Cause (Doc. 19), Plaintiff William Bartlett filed a response explaining the lack of necessary filings prior to the Preliminary Pretrial Conference and his absence from the Preliminary Pretrial Conference on December 17, 2019 at 11:00 a.m. (See Docs. 4, 20.) The Court notes that while Plaintiff filed his Show Cause response correctly, the caption contained the wrong court heading and was addressed to a state district court judge.

Accordingly, IT IS ORDERED that Plaintiff will submit a preliminary pretrial statement, as required by the PPTC Order (Doc. 4 at ¶ 6) no later than January 21, 2020. Failure to comply with this Order and to prosecute the case will result in sanctions, up to and including dismissal of this case with prejudice.

See Fed. R. Civ. P. 41(b); Malone v. U.S. Postal Service, 833 F.2d 128, 130-131 (9th Cir. 1987) (a court may dismiss an action with prejudice for failure to obey a court order). Upon submission of Plaintiff’s preliminary pretrial statement, the Court will set up a telephonic scheduling conference to establish a case management plan.

IT IS FURTHER ORDERED that the CLERK OF COURT send Plaintiff a copy of Local Rule 16 and Federal Rules of Civil Procedure 16 and 26 with a copy of this Order.

DATED this 31st day of December, 2019. \ M2 TIMOTHY 4. CAVAN United States Magistrate Judge