IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PAVEL GOBERMAN, 3:14-CV-00787-AC

Plaintiff, ORDER

v. 

 

MR. JOHN TAMERLANO, General 

Manager of KATU TV Ch 2,

 Defendant.

BROWN, Judge.

Magistrate Judge John V. Acosta issued Findings and

Recommendation (#19) on November 18, 2014, in which he

recommended this Court grant Defendant’s Special Motion (#10) to

Strike; deny as moot Defendant’s Motion to Dismiss (#10); grant

in part and defer in part Defendant's Motion (#22) for Attorneys’

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Fees; and, to the extent that they were intended as motions for

summary judgment or motions for judgment on the pleadings, deny

as moot Plaintiff’s Motion (#14) to Order a Judgment to Award the

Plaintiff $1,020,000.00 and Plaintiff’s Motion (#18) to Demand a

Hearing by Judge Acosta, enter a judgment of dismissal in favor

of Defendant, and instruct Defendant to provide to the Court

information necessary to rule on his Motion for Attorneys’ Fees.

On November 18, 2014, the Magistrate Judge issued an Order

referring the Findings and Recommendation to this Court. Also on

November 18, 2014, the Magistrate Judge entered a Notice of

Mailing the Findings and Recommendation to Plaintiff and the

Order referring the Findings and Recommendation to this Court.

 On December 15, 2014, Plaintiff's copy of the Findings and

Recommendation and the Order referring the Findings and

Recommendation to this Court were returned to the Court as

undeliverable for lack of a current address.

On December 18, 2014, the Court issued an Order in which it

noted the return to the Court of Plaintiff’s copy of the 

November 18, 2014, Findings and Recommendation and Order. The

Court advised Plaintiff that under Local Rule 83.12 “[w]hen mail

from the Court to a party cannot be delivered due to the lack of

a current address and the failure continues for sixty (60) days,

the Court may dismiss the action.” The Court ordered Plaintiff

to file a notice of change of address no later than February 18,

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2015, or show cause in writing why this matter should not be

dismissed for failure to prosecute. The Court advised Plaintiff

that the Court would dismiss this matter for failure to prosecute

if Plaintiff did not file a change of address or show cause why

this matter should not be dismissed.

On December 18, 2014, the Court entered a Notice of Mailing

the December 18, 2014, Order to Plaintiff.

On December 24, 2014, the December 18, 2014, Order was

returned to the Court as undeliverable for lack of a current

address.

Plaintiff has not filed a change of address or shown cause

why this matter should not be dismissed for failure to prosecute. 

Accordingly, the Court DISMISSES this matter for failure to

prosecute and STRIKES all pending Motions as MOOT.

To the extent that Defendant believes it is entitled to

attorneys’ fees and costs in this matter, the Court DIRECTS

Defendant to file no later than March 16, 2015, a motion for

attorneys’ fees and/or costs with the Magistrate Judge that

provides a basis for the Magistrate Judge to evaluate whether an

award of attorneys’ fees and/or costs is warranted as well as

information necessary to determine an appropriate amount of any

such award. 

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CONCLUSION 

The Court DISMISSES this matter for failure to prosecute and

STRIKES all pending Motions as MOOT. To the extent that

Defendant believes it is entitled to attorneys’ fees and costs in

this matter, the Court DIRECTS Defendant to file no later than

March 16, 2015, a motion for attorneys’ fees and/or costs with

the Magistrate Judge that provides a basis for the Magistrate

Judge to evaluate whether an award of attorneys’ fees and/or

costs is warranted as well as information necessary to determine

an appropriate amount of any such award. 

IT IS SO ORDERED.

DATED this 23rd day of February, 2015.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

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