Jose L Figueroa et al v. Ocwen Bank N.A. and Jonston Trust et al

Filing 5

ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE by Judge A. Howard Matz, Case Terminated. Made JS-6. (kbr)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JOSE L. FIGUEROA, et al., 12 13 14 Plaintiff(s), v. OCWEN BANK N.A. AND JONSTON TRUST, et al., 15 Defendant(s). ) ) ) ) ) ) ) ) ) ) CV11-00807-AHM (SHx) ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 22, 2011, the Court ordered plaintiffs to show cause in writing, no later than May 2, 2011, why the above-entitled action should not be dismissed as to all remaining defendants for lack of prosecution. To date, plaintiffs have not complied with this order. Five factors must be considered before imposing the sanction of dismissal: “(1) the public’s interest in expeditious resolution of litigation, (2) the court's need to manage its docket, (3) the risk of prejudice to the defendants, (4) the public policy favoring disposition of cases on their merits, and (5) the availability of less drastic sanctions.” Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986). Dismissal is warranted “where at least four factors support dismissal, . . . or where at least three factors ‘strongly’ support dismissal.” Hernandez v. City of El Monte, 138 F.3d 393, 1 1 399 (9th 1998). While preferred, it is not required that a district court make explicit 2 findings regarding the five factors. Yourish v. California Amplifier, 191 F.3d 983, 3 990 (9th Cir. 1999). The Court hereby finds that dismissal is warranted under the facts of this case. 4 5 Public interest in expediency and management of the Court’s docket both support 6 dismissal. The Court’s docket is very extensive and cannot be managed efficiently 7 and expeditiously if parties fail to comply with court orders. The risk of prejudice to 8 the defendants weigh in favor of dismissal, as plaintiffs’ action has caused defendants 9 to wait unnecessarily “in limbo” and to expend further time and money to monitor the 10 action. Less drastic sanctions are not warranted, given that Plaintiffs received notice 11 of the potential of dismissal should Plaintiffs fail to timely serve the summons and 12 complaint. While public policy would favor a disposition on the merits, at least four 13 of the factors (factors 1, 2, 3, and 5) support dismissal here. Thus, dismissal is 14 warranted. See Hernandez, 138 F.3d at 399. Accordingly, good cause appearing therefor, the Court hereby DISMISSES this 15 16 action pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and 17 failure to obey an order of this Court. The Clerk of the Court is directed to close the 18 file. IT IS SO ORDERED. 19 20 Dated: June 2, 2011 A. HOWARD MATZ United States District Judge 21 22 JS-6 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?