Lujano v. Greif, Inc., et al.

Summary

The document is Findings and Recommendations by a United States Magistrate Judge recommending dismissal without prejudice of a putative class action for failure to obey a court order and failure to prosecute. The recommendation applies the Ninth Circuit’s dismissal factors and gives the plaintiff fourteen days to file objections.

Holdings

1. A district court may exercise its inherent authority to dismiss an action when a party fails to prosecute, fails to obey a court order, or fails to comply with applicable local rules.
2. Dismissal without prejudice was the appropriate sanction because plaintiff had abandoned prosecution, failed to obey multiple court orders, caused unreasonable delay, received adequate warning, and left no satisfactory lesser sanction available.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to obey the court's order requiring a motion for leave to amend or a stipulation.
2. Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.

Disposition

other