Edmonds v. Signature Vanguard Solutions, LLC.

Filing 16

ORDER for Plaintiff to SHOW CAUSE, signed by Chief Judge Anthony W. Ishii on 5/2/11: Show Cause Response due on or by 3:00 p.m. on May 11, 2011. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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SIGNATURE VANGUARD
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SOLUTIONS, LLC,
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Defendant.
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____________________________________)
SHERI EDMUNDS,

1:09-CV-2136 AWI SMS
ORDER FOR PLAINTIFF TO
SHOW CAUSE

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This case was filed on December 8, 2009. See Court’s Docket Doc. No. 1. Summons
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was returned executed on February 2, 2010. See id. at Doc. No. 5. On March 3, 2010, a notice
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of settlement was filed. See id. at Doc. No. 6. Plaintiff was ordered to file dismissal papers on
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or by May 10, 2010. See id. at Doc. No. 8. Plaintiff was warned that failure to timely file
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dismissal papers could result in sanctions. See id. Plaintiff did not file dismissal papers. On
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August 9, 2010, Plaintiff filed a motion to enforce settlement. See id. at Doc. No. 9. On October
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22, 2010, Plaintiff’s motion to enforce settlement was stricken. See id. at Doc. No. 15. There
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have been no further filings in this case. There is no scheduling order in place and no trial date
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or discovery deadlines have been set, which appears to be due solely to Plaintiff filing her notice
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of settlement in March 2010.
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Federal Rule of Civil Procedure 41(b), in relevant part, provides, “If a plaintiff fails to

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prosecute or to comply with these rules or a court order, a defendant may move to dismiss the

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action or any claim against it.” Fed. R. Civ. Pro. 41(b); Omstead v. Dell, Inc., 594 F.3d 1081,

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1084 (9th Cir. 2010). While the language indicates that Rule 41(b) is applicable upon motion by

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the defendant, “courts may dismiss under Rule 41(b) sua sponte, at least in some circumstances.”

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Hells Canyon Preservation Council v. United States Forest Service, 403 F.3d 683, 689 (9th Cir.

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2005). “District courts have the inherent power to control their dockets and in the exercise of

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that power they may impose sanctions including, where appropriate, dismissal of a case.’”

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Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Ferdik v. Bonzelet, 963 F.2d

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1258, 1260 (9th Cir. 1992). A court may dismiss an action with prejudice based on a party’s

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failure to prosecute an action or failure to obey a court order. See Link v. Wabash R.R. Co., 370

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U.S. 626, 629-30 (1962); In re Eisen, 31 F.3d 1447, 1456 (9th cir. 1994); Ferdik, 963 F.2d at

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1260-61; Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986). In determining whether to

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dismiss an action for lack of prosecution or failure to obey a court order, the court must consider

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several factors: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need

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to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring

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disposition of cases on their merits; and (5) the availability of less drastic alternatives. Omstead,

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594 F.3d at 1084; Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9th Cir. 2002); Bautista, 216 F.3d

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at 841; In re Eisen, 31 F.3d at 1451; Henderson, 779 F.2d at 1423-24. Also, a dismissal for

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failure to prosecute must be supported by a showing of unreasonable delay. Omstead, 594 F.3d

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at 1084; Henderson, 779 F.2d at 1424.

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This case has come to a stand still. As outlined above, the Court has not heard from

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Plaintiff, there have been no filings in this case for over seven months, and Plaintiff is in

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disobedience of a Court order (i.e. Document No. 8). Under these circumstances, the Court has

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grave concerns that Plaintiff has abandoned this case. Plaintiff will be ordered to show cause in

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writing why this case should not be dismissed for failure to prosecute and failure to obey a court

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order.

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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff is to show cause in writing on or by 3:00 p.m. on May 11, 2011, why this case

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should not be dismissed for failure to prosecute and/or the failure to obey a court order;

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and

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2.

PLAINTIFF IS HEREBY WARNED THAT THE FAILURE TO FOLLOW THIS

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ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS, WHICH MAY

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INCLUDE DISMISSAL OF THIS CASE WITH PREJUDICE AND WITHOUT

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FURTHER WARNING.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 2, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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