Jose L. Castillo v. C. Johnson

I.

INTRODUCTION

On November 10, 2020, Defendant C. Johnson (“Defendant”) filed a Motion for Sanctions requesting the Court strike Plaintiff’s Third Amended Complaint based on Plaintiff’s failure to attend his noticed deposition (“Motion for Sanctions”). ECF Docket No. (“Dkt.”) 59. Plaintiff Jose L. Castillo (“Plaintiff”) has not filed a timely opposition. See dkt. 66. Instead, Plaintiff filed a “Motion to Waive Plaintiff’s Deposition” in which he asks this Court to prevent Defendant from deposing him. Dkt. 61.

On December 1, 2020, Defendant filed a Motion to Dismiss the action on the grounds Plaintiff has failed to prosecute this action or comply with the Federal Rules of Civil Procedure. Dkt. 63. Plaintiff has not filed a timely opposition.

Before ruling on the Motions, the Court will give Plaintiff a final opportunity to show cause why this action should not be dismissed for failure to prosecute and comply with court orders.

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II.

DISCUSSION

A. APPLICABLE LAW

Rule 37(d)(1)(A)(i) of the Federal Rules of Civil Procedure authorizes a Court, on motion, to order sanctions if a party “fails, after being served with proper notice, to appear for that…