Towns v. Ameriquest Mortgage, et al

Filing 91

ORDER signed by Judge Kimberly J. Mueller on 9/2/11 ORDERING this case is DISMISSED WITH PREJUDICE; Plantiff's counsel will pay sanctions in the amount of $250.00 for his failure to file a response to the order to show cause filed on 8/4/11; 87 Motion for Summary Judgment is DENIED as moot; and this case is CLOSED. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH T. TOWNS,

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Plaintiff,

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No. CIV S-04-1855 KJM-EFB

vs.

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AMERIQUEST MORTGAGE CO.; et al.,

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Defendants.

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ORDER
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The court entered an order to show cause on August 4, 2011 in the above-

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captioned matter, ordering plaintiff to show cause within fourteen days why sanctions should not

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be imposed against him or his counsel for failure to comply with Local Rule 230(c) and why this

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case should not be dismissed for failure to prosecute. (ECF 90.) Plaintiff has not filed a

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response, timely or otherwise.

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“[A] federal district court has the inherent power to dismiss a case sua sponte for

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failure to prosecute . . . .” Chambers v. NASCO, Inc., 501 U.S. 32, 49 (1991). Local Rule 110

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states: “Failure of counsel or a party to comply with these Rules or with any order of the Court

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may be grounds for imposition by the Court of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.”

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A cursory review of the docket is sufficient to show that plaintiff has wholly
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failed to comply with the court’s order or otherwise to prosecute this case; the last action taken

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by plaintiff was his request for substitution of attorney, filed on December 21, 2010. (ECF 77.)

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Accordingly, it is hereby ORDERED:

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1)

This case is DISMISSED WITH PREJUDICE;

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2)

Plaintiff’s counsel will pay sanctions in the amount of $250.00 for his

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failure to file a response to the order to show cause filed on August 4,

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2011. Payment should be in the form of a check made payable to the Clerk

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of the Court. The sum is to be paid personally by plaintiff’s counsel not

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later than fourteen (14) days from the filing of this order;

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3)

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Defendants’ motion for summary judgment (ECF 87) is DENIED as moot;
and

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4)

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IT IS SO ORDERED.

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This case is CLOSED.

DATED: September 2, 2011.

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UNITED STATES DISTRICT JUDGE
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