Summary
The United States District Court for the Central District of California dismissed the action without prejudice for failure to prosecute and failure to comply with a court order. The plaintiff did not request entry of default after the defendant failed to respond, despite a prior warning that failure to do so could result in dismissal.
Holdings
- A district court may dismiss an action without prejudice under Federal Rule of Civil Procedure 41(b) when the plaintiff fails to comply with a court order requiring action to advance the case and fails to prosecute the action.
Questions Presented
- Whether the district court should dismiss the action under Federal Rule of Civil Procedure 41(b) for plaintiff's failure to comply with the court's order requiring a request for entry of default.
- Whether dismissal without prejudice was warranted for failure to prosecute after plaintiff failed to move the case forward when the defendant did not respond.
Disposition
dismissed
Cases Cited (6)
- Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S. Ct. 1386, 1388 (1962)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-62 (9th Cir. 1992)(followed)
- Thompson v. Housing Auth. of Los Angeles, 782 F.2d 829, 831 (9th Cir. 1986)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002)(followed)
- Applied Underwriters, Inc. v. Lichtenegger, 913 F.3d 884, 891 (9th Cir. 2019)(followed)
- Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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