Mendoza v. Golden Valley Health Centers et al
Filing
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ORDER DENYING 10 Motion for Extension of Time to File Amended Complaint and ORDER DISMISSING CASE for Failure to Prosecute signed by District Judge Dale A. Drozd on 9/27/2017. CASE CLOSED. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRANCISCO MENDOZA,
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Plaintiff,
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v.
GOLDEN VALLEY HEALTH
CENTERS, et al.,
Defendants.
No. 1:16-cv-01611-DAD-SAB
ORDER DENYING MOTION FOR
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT AND DISMISSING CASE FOR
FAILURE TO PROSECUTE
(Doc. No. 10)
On September 25, 2017, plaintiff filed a motion for extension of time to file an amended
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complaint, asserting that “medical reasons” kept him from complying with the deadline
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previously set by the court. (Doc. No. 10.) Plaintiff represents that he has been “experiencing
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severe emotional distress due in large part to my employer having lied so many times to the
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EEOC.” (Id. at 1.) He requests an extension of time to file an amended complaint until after he
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can be seen by a behavioral health specialist on October 16, 2017. (Id.) The assigned magistrate
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judge had previously recommended that this action be dismissed due in part to plaintiff’s repeated
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failures to file an amended complaint as directed. (Doc. No. 7.) The undersigned declined to
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adopt that recommendation, granted plaintiff an additional thirty days in which to file an amended
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complaint and specifically warned plaintiff that it would not grant any further extensions of time
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for this purpose absent compelling circumstances and that his failure to comply with the order
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would likely result in the dismissal of this action. (Doc. No. 9 at 2-3.)
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Plaintiff presents no such compelling circumstances in support of his request for yet
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another extension of time and does not explain how his appointment with the behavioral health
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specialist will enable him to file a first amended complaint in this action. Therefore, plaintiff’s
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motion for a further extension of time will be denied.
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Moreover, the court will dismiss this case for failure to prosecute. See McKeever v. Block,
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932 F.2d 795, 797 (9th Cir. 1991) (holding district court may sua sponte dismiss for unreasonable
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failure to prosecute). Prior to doing so, the court must weigh five factors: “(1) the public’s
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interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the
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risk of prejudice to defendants/respondents; (4) the availability of less drastic alternatives; and (5)
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the public policy favoring disposition of cases on their merits.” Pagtalunan v. Galaza, 291 F.3d
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639, 642 (9th Cir. 2002); In re Eisen, 31 F.3d 1447, 1451 (9th Cir. 1994).
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Here, the public has only a nominal interest in the expeditious resolution of this litigation.
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No defendants have yet appeared, and the public’s only significant interest in resolving this case
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is that its continued pendency requires the court’s time and attention. While this court carries a
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heavy caseload and the public has an undeniable interest in this court being able to turn to other
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pressing matters, this factor does not weigh strongly for or against dismissal.
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The court does, however, have a strong need to manage its docket. The Eastern District of
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California has one of the heaviest caseloads per active district judge of any of the federal courts in
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this country, and its ability to control its docket by dismissing languishing cases is of great
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importance. This case has been pending before the court for eleven months and a proper
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complaint is still not before the court. Moreover, plaintiff was specifically warned by the court
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that his failure to file an amended complaint within the additional thirty days provided by the
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court for that purpose, after the granting of numerous prior requests for extension of time, would
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result in dismissal of this action. Consideration of this factor weighs in favor of dismissal.
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There is no real risk of prejudice to the defendants here. They have not been served and
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have not appeared in this matter, and therefore have no rights that will be compromised by
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dismissal. This factor weighs in favor of dismissal.
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There are not adequate alternatives available to the court here that would remedy the issue
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it faces. Plaintiff has been given several extensions of time over the prior nine months to file an
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amended complaint, and has failed to do so. He was given warning that the court would not grant
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further extensions of time, absent compelling circumstances, and would result in dismissal of this
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action and he has nevertheless failed to file an amended complaint. Monetary sanctions in this
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instance would be neither appropriate nor effective, as they would financially penalize an
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individual proceeding pro se and still would not adequately ensure the case would move forward.
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There is simply little else the court can do to compel plaintiff to pursue this case in a timely
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manner.
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Finally, while the public policy does favor disposing of cases on their merits, this interest
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does not outweigh the other factors set forth above, which either counsel in favor of dismissal or
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do not weigh strongly for or against dismissal. As such, dismissal for failure to prosecute is
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appropriate here.
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For all of these reasons, plaintiff’s motion for extension of time (Doc. No. 10) is denied
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and this case is dismissed due to plaintiff’s failure to prosecute. The Clerk of the Court is
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directed to terminate this action.
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IT IS SO ORDERED.
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Dated:
September 27, 2017
UNITED STATES DISTRICT JUDGE
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