Dennis M. Alford v. LaSalle Bank NA et al

Filing 11

ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE by Judge Michael W. Fitzgerald. The action is DISMISSED without prejudice for failure to prosecute and to comply with court rules and orders. This Order shall constitute notice of entry of judgment pursuant to Federal Rule of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this order, and its entry on the docket, as an entry of judgment.Case Terminated. Made JS-6. (jloz)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES—GENERAL
Case No. CV-13-4728-MWF(CWx)
Date: February 10, 2014
Title:
Dennis M. Alford -v- LaSalle Bank, N.A., et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER DISMISSING ACTION WITHOUT
PREJUDICE FOR FAILURE TO PROSECUTE
On January 21, 2014, the Court granted Defendants’ Motion to Dismiss
Plaintiff’s Complaint. (Docket No. 10). The Order permitted Plaintiff Dennis Alford
to file a First Amended Complaint (“FAC”) by February 3, 2014. (Id. at 2). To date,
Plaintiff has failed to file an FAC or a request for extension of time to file an FAC.
The Court finds that the failure to file an FAC constitutes failure to prosecute
and to comply with court rules and orders under Federal Rule of Civil Procedure 41(b).
“In determining whether to dismiss a claim for failure to prosecute or failure to comply
with a court order, the Court must weigh the following factors: (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 defendants/respondents; (4) the availability of less drastic
alternatives; and (5) the public policy favoring disposition of cases on their merits.”
Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002); see also Yourish v. Cal.
Amplifier, 191 F.3d 983, 989-92 (9th Cir. 1999) (explaining factors supporting
dismissal with prejudice for failure to prosecute).
Because Plaintiff failed to follow the Court’s directives and rules favoring the
timely prosecution of his case, the Court concludes that the Pagtalunan factors weigh
in favor of dismissal of this action. Plaintiff has been dilatory in properly presenting
an amended complaint and has provided no explanation for the delay. Plaintiff’s
failure to engage in the litigation he initiated hampers expeditious resolution of
litigation, prejudices Defendants, and inhibits the Court’s ability to manage its docket.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES—GENERAL
Case No. CV-13-4728-MWF(CWx)
Date: February 10, 2014
Title:
Dennis M. Alford -v- LaSalle Bank, N.A., et al.
Accordingly, the action is DISMISSED without prejudice for failure to
prosecute and to comply with court rules and orders.
This Order shall constitute notice of entry of judgment pursuant to Federal Rule
of Civil Procedure 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to
treat this order, and its entry on the docket, as an entry of judgment.
IT IS SO ORDERED.

______________________________________________________________________________
CIVIL MINUTES—GENERAL
2