Clymore, et al v. Federal Railroad Administration et al

Filing 66

ORDER DISMISSING CASE signed by District Judge Anthony W. Ishii on 2/25/2016. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD CLYMORE and DEBRA
HARBIN-CLYMORE,
Plaintiffs

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CASE NO. 1:14-CV-101 AWI SMS
ORDER DISMISSING ACTION

v.
FEDERAL RAILROAD
ADMINISTRATION, CHARLES MARK
HAGOOD, and DOES 1 through 10,
inclusive,
Defendants

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On January 28, 2016, a notice of settlement was filed. See Doc. No. 64. On February 2,

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2016, a minute order was issued that set a deadline of February 22, 2016 for the parties to file a

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stipulation of dismissal. See Doc. No. 65. In relevant part, the minute order stated in relation to a

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stipulation for dismissal, “If not received, the Court may dismiss the matter on its own authority.”

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See id. This is consistent with Local Rules 110, 160(b), and 272. February 22, 2016 has passed,

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and there have no further filings in this matter, including dispositional papers.

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Federal Rule of Civil Procedure 41(b) permits a Court sua sponte to dismiss a case for a

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failure to prosecute or comply with the rules of civil procedure or court orders. See Hells Canyon

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Pres. Council v. United States Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). In light of the

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notice of settlement, the warning about dismissal in the minute order, and the failure of either

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party to make any further filings in this matter, it is appropriate to dismiss this case under Rule

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41(b) and Local Rules 110, 160, and 272. Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (9t h Cir.

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2002); Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995).

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Accordingly, IT IS HEREBY ORDERED that:
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This matter is DISMISSED pursuant to Federal Rule of Civil Procedure 41(b) and
Local Rules 110, 160, and 272; and

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The Clerk shall CLOSE this case.

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IT IS SO ORDERED.
Dated: February 25, 2016
SENIOR DISTRICT JUDGE

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