Price v. Chen

Background

Marcus Price, the plaintiff, moved for appointment of counsel. The order states that Price had been able to represent himself effectively and that the issues in the action were not especially complex. James H. Chen is identified as the remaining defendant.

Ruling on Counsel

The court denied Price’s motion for appointment of counsel. The order does not state that the denial was with or without prejudice.

Scheduling and Case Management

To expedite resolution, the court ordered Chen to file a motion for summary judgment or another dispositive motion no later than 91 days after the order was filed. If Chen believed the case could not be resolved by summary judgment, he was required to inform the court before that deadline.

Price’s opposition, if any, was due 28 days after service of the motion, and Chen’s reply was due 14 days after service of the opposition. The motion would be treated as submitted on the reply deadline, with no hearing specified. Chen also had to file proof that he served Price with the required warning about summary judgment at the same time as the motion; failure to do so would result in summary dismissal of the motion.

The order allowed discovery under the Federal Rules of Civil Procedure without requiring another court order under the cited rules. It also required Price to serve communications to the court on Chen or Chen’s counsel, once counsel was designated. The order reminded Price that he was responsible for prosecuting the case, keeping the court informed of any address change, and complying with court orders. It stated that failure to do so could result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Effect of the Order

This was a procedural and scheduling order. It denied the request for appointed counsel and set the next briefing steps, but it did not decide the merits of Price’s claims or Chen’s defenses.