Summary
The United States Magistrate Judge recommends dismissing Theresa Brooke’s action against Castle Investments LLC without prejudice for failure to prosecute and failure to comply with court orders. The recommendation follows Plaintiff’s failure to file dispositional documents or satisfy conditions for a further extension after reporting settlement of claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The parties are given 14 days to file objections.
Holdings
- A district court may dismiss an action when a party fails to prosecute, obey a court order, or comply with local rules, after weighing the relevant dismissal factors and considering less drastic alternatives.
Questions Presented
- Whether the action should be dismissed without prejudice for plaintiff's failure to prosecute.
- Whether plaintiff's failure to comply with the court's order and applicable local rules warranted dismissal under the court's inherent docket-management authority and Local Rules 110 and 160(b).
Disposition
other
Cases Cited (9)
- Bautista v. Los Angeles Cnty., 216 F.3d 837, 841 (9th Cir. 2000)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992)(followed)
- Malone v. U.S. Postal Service, 833 F.2d 128, 130-31 (9th Cir. 1987)(followed)
- Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986)(followed)
- Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988)(followed)
- In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1226 (9th Cir. 2006)(followed)
- Anderson v. Air W., 542 F.2d 522, 524 (9th Cir. 1976)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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