Glover

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MARSHALL RAY GLOVER, Case No.: 18cv2330 JM(NLS)

Plaintiff,

ORDER ON DEFENDANT’S

v. MOTION TO DISMISS FOR

FAILURE TO PROSECUTE AND

CORECIVIC OF TENNESSEE, LLC,

FOR SANCTIONS

Defendant. 15 On December 4, 2019, Defendant filed a Motion to Dismiss for Lack of Prosecution based on Plaintiff’s failure to abide by Magistrate Judge Stormes’ earlier order to supplement his initial disclosure and discovery responses by November 1, 2019. (Doc. No. 31.) After originally taking the motion under submission, the court reset the motion for hearing on February 3, 2020. (See Doc. Nos. 38, 48.) Defense counsel Mr. Daniel Struck and Mr. Matthew Mahoney appeared at the hearing but plaintiff’s counsel, Mr. David Kaufman, did not. For the reasons set forth below, the motion is denied. Defendant moves for dismissal under Rule 41(b) and Rule 37 of the Federal Rules of Civil Procedure. Defendant argues…