Filed: Feb. 06, 2020
Latest Update: Feb. 06, 2020
Summary: ORDER DOMINIC W. LANZA , District Judge . On three occasions since August 2019, the Clerk of Court has attempted to mail various orders to Plaintiff, but the postal service has returned those mailings as undeliverable. (Docs. 77, 94, 95.) These mailings have been sent to Plaintiff at the following mailing address ("the 59th Ave address"): 20280 N. 59th Ave., Ste. 115-716 Glendale, AZ 85308 However, the Court is aware of another potential mailing address for Plaintiff. On July 31, 2019, Pl
Summary: ORDER DOMINIC W. LANZA , District Judge . On three occasions since August 2019, the Clerk of Court has attempted to mail various orders to Plaintiff, but the postal service has returned those mailings as undeliverable. (Docs. 77, 94, 95.) These mailings have been sent to Plaintiff at the following mailing address ("the 59th Ave address"): 20280 N. 59th Ave., Ste. 115-716 Glendale, AZ 85308 However, the Court is aware of another potential mailing address for Plaintiff. On July 31, 2019, Pla..
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ORDER
DOMINIC W. LANZA, District Judge.
On three occasions since August 2019, the Clerk of Court has attempted to mail various orders to Plaintiff, but the postal service has returned those mailings as undeliverable. (Docs. 77, 94, 95.) These mailings have been sent to Plaintiff at the following mailing address ("the 59th Ave address"):
20280 N. 59th Ave., Ste. 115-716
Glendale, AZ 85308
However, the Court is aware of another potential mailing address for Plaintiff. On
July 31, 2019, Plaintiff's then-counsel filed motions to withdraw as his counsel of record, both of which1 provided the following contact information for Plaintiff:
5020 W. Thunderbird Road, Apt. 180
Glendale, AZ 85306
coachantoniobrown@gmail.com
(602) 600-8037
("the Thunderbird Road address") (Doc. 67 at 2; Doc. 68 at 2.) The motion to withdraw filed by attorneys Benjamin Kuipers and Brian Locker of Fowler St. Clair, PLLC was filed with Plaintiff's written consent and bore Plaintiff's signature directly beneath the provided contact information. (Doc. 68 at 2.)
Nevertheless, on August 15, 2019, Plaintiff submitted a pro se response opposing the July 31, 2019 motion to withdraw as counsel filed by John Wilenchik, Dennis Wilenchik, and Lawrence Felder of Wilenchik & Bartness, P.C. (Doc. 71.) The caption of Plaintiff's pro se response, which Plaintiff signed and personally filed, provided the 59th Ave address. (Id. at 1.)
On August 22, 2019, the Court granted both motions to withdraw and ordered the Clerk of Court to mail a copy of the Court's order to Plaintiff at the address most recently identified to the Court—the 59th Ave address provided by Plaintiff one week earlier. (Doc. 75 at 6.)
That mailing was unsuccessful (Doc. 77), and two subsequent mailings have likewise failed. (Docs. 94, 95.) Although the 59th Ave address is the last-known address for Plaintiff, it is apparently defunct. The Court therefore directs the Clerk of Court to attempt to mail the Court's August 22, 2019 order (Doc. 75), December 27, 2019 order (Doc. 85), January 6, 2020 order (Doc. 90), and today's order to the Thunderbird Road address. The Court will also email these orders to Plaintiff at coachantoniobrown@gmail.com.2 The Court directs Defendants to serve their pending motion for summary judgment on Plaintiff via mail to the Thunderbird Road address and via email to coachantoniobrown@gmail.com by February 7, 2020.
Plaintiff is ordered to file, by February 14, 2020, a notice with the Court (1) confirming receipt of the Court's orders and Defendants' motion for summary judgment and (2) affirmatively identifying his mailing address.3 If Plaintiff fails to file this notice, the Clerk of Court is directed to dismiss this case with prejudice. Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992), as amended (May 22, 1992) ("Pursuant to Federal Rule of Civil Procedure 41(b), the district court may dismiss an action for failure to comply with any order of the court.").4
The deadline by which Plaintiff must respond to Defendants' motion for summary judgment is extended to March 9, 2020.
Accordingly,
IT IS ORDERED as follows:
1. The Clerk of Court shall mail the Court's August 22, 2019 order (Doc. 75), December 27, 2019 order (Doc. 85), January 6, 2020 order (Doc. 90), and this order to the Thunderbird Road address.
2. Defendants shall serve their pending motion for summary judgment on Plaintiff via mail to the Thunderbird Road address and via email to coachantoniobrown@gmail.com by February 7, 2020.
3. Plaintiff shall file, by February 14, 2020, a notice with the Court (1) confirming receipt of the Court's orders and Defendants' motion for summary judgment and (2) affirmatively identifying his mailing address.
4. If Plaintiff fails to file the notice by February 14, 2020, the Clerk of Court shall dismiss this case with prejudice.
5. The deadline by which Plaintiff must respond to Defendants' motion for summary judgment is extended to March 9, 2020.