Aguilar v. Hercules Tire & Rubber Company Inc.

Opinion

3 || Osman Estibi Aguilar, 2:24-cv-00359-GMN-MDC 4 Plaintiff, ORDER 5 VS. 6 || Hercules Tire & Rubber Company Inc., et al., 7 Defendants. 8 Plaintiff Osman Estibi Aguilar has failed to notify the Court of his change of address. See ECF 9 || Nos. 33, 39) (Mail returned as undeliverable: unable to forward). It is the plaintiffs responsibility to 10 || immediately notify the Court of any change of mailing address. The Court’s Local Rules state: An attomey or pro se party must immediately file with the court written notification of b any change of mailing address, email address, telephone number, or facsimile number. The notification must include proof of service on each opposing party or the party’s B attorney. Failure to comply with this rule may result in the dismissal of the action, entry of default judgment, or other sanctions as deemed appropriate by the court. 4 IA 3-1 15 7 IT IS ORDERED that plaintiff must file a Notice of Change of Address by no later than March 1g || 10, 2025. Failure to timely comply with this Order may result in a recommendation that this case be 19 || dismissed. 29 i ff a 41 DATED this 6" day of February 2025. Zz P&L wf tm og IT IS SO ORDERED. ‘fn ff \ if a i i Jt _] 7 23 Hon. Maximiliano J. Couvillier II United States Magistrate Judge 24 25

2 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 3 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 4 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 5 may determine that an appeal has been waived due to the failure to file objections within the specified 6 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 7 This circuit has also held that (1) failure to file objections within the specified time and (2) 8 failure to properly address and brief the objectionable issues waives the right to appeal the District 9 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 10 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 11 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 12 change of address. The notification must include proof of service upon each opposing party’s attorney, 13 or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 14 result in dismissal of the action.

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