Ponce

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALBERTO PONCE, Case No.: 22cv1808-W(LR)

Plaintiff,

REPORT AND

v. RECOMMENDATION REGARDING

DEFENDANT’S MOTION FOR

CALENERGY OPERATING

TERMINATING SANCTIONS

CORPORATION, et al., 15 Defendants. [ECF No. 45] 16 17 This Report and Recommendation is submitted to United States District Judge Thomas J. Whelan pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(c) of the United States District Court for the Southern District of California. Presently before the Court is an unopposed motion by Defendant CalEnergy Operating Corporation (“Defendant”) for terminating sanctions pursuant to Federal Rule of Civil Procedure 37(b) and (d) against Plaintiff Alberto Ponce (“Plaintiff”) for repeated failures to comply with Court orders. (ECF No. 45.) For the reasons stated below, the Court RECOMMENDS that: (1) Defendant’s motion be GRANTED in part, (2) this case be DISMISSED WITH PREJUDICE, and (3) that District Judge Whelan…