In re Patrick Bulmer

Filing 27

AMENDED ORDER DISMISSING CASE signed by District Judge Troy L. Nunley on 8/28/2014 DISMISSING all pending claims against the appellees in this action; DIRECTING the Clerk of Court strike 25 Order Dismissing Case. CASE CLOSED. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAUL DEN BESTE,

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Apellant,

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No. 2:13-cv-01893-TLN

v.

AMENDED ORDER DISMISSING CASE

PATRICK BULMER ALSO KNOWN AS
CALIFORNIA RECEIVERSHIP
SERVICES,

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Defendant.

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The Court has issued numerous orders directing Appellant Paul Beste (“Appellant”) to

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comply with the local rules governing the Eastern District of California as well as this Court’s

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orders. (See ECF Nos. 17, 18, 22 and 24.) On April 16, 2014, the Court ordered Appellant to file

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his opening brief within twenty-one (21) days. (Order, ECF No. 18.) Appellant complied but

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then failed to file his reply brief. Accordingly, the Court issued an order to show cause on June

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23, 2014, as to why Appellant had not adhered to the Court’s order. (Min. Oder, ECF No. 22.)

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On July, 7, 2014, Appellant responded and, in turn, the Court afforded Appellant one last

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opportunity to comply. Thus, on July 11, 2014, this Court ordered Appellant to file his reply

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brief with the District Court within fourteen (14) days. Appellant was further ordered to “notify

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the District Court in writing, within fourteen (14) days after service of Appellant’s reply brief,

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that the appeal is ready for oral argument.” (ECF No. 24.) In its Order, the Court warned

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Appellant that should he once again fail to file his reply brief and file a notification with the Court

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that this matter would be dismissed. The time for compliance has come and gone and the Court is

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still not in receipt of Appellant’s reply brief, nor has Appellant notified this Court in accordance

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with the Order.

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“The authority of a federal trial court to dismiss a plaintiff’s action with prejudice because

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of his failure to prosecute cannot seriously be doubted.” Link v. Wabash R. Co., 370 U.S. 626,

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629 (1962). The Ninth Circuit has set forth five factors that a district court must consider before

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dismissing a case for failure to prosecute:

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[1] the court’s need to manage its docket, [2] the public interest in
expeditious resolution of litigation, [3] the risk of prejudice to
defendants from delay, [4] the policy favoring disposition of cases
on their merits.

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Morris v. Morgan Stanley & Co., 942 F.2d 648, 651 (9th Cir. 1991). For the reasons set forth

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below, the Court finds that these factors weigh in favor of dismissing this case.

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First, the Court has an inherent need to manage its docket. Appellant filed this case in

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September of 2013, and still has not filed his reply brief. In contrast, Appellee has been diligent

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in its defense. (See Appellee’s Brief, ECF No. 20.) Consequently, the Court finds that this factor

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weighs in favor of dismissing this case. Second, the public’s interest in expeditious resolution of

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litigation also favors dismissing this case because the Court is wasting its time and resources

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attempting to compel Appellant’s cooperation in litigating his own case. Third, Appellant’s

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repeated failure to respond to correspondence prevents Appellees from seeking some sort of

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resolution. Finally, although the disposition of cases based on their merits in preferred, it is

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unlikely that such is an option here. The Court simply cannot move forward without Appellant’s

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assistance.

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Thus, for the aforementioned reasons, the Court finds that all four factors support

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dismissing Appellant’s case. As such, the Court hereby DISMISSES all pending claims against

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Appellees in this action. In accordance with this Court’s Amended Order, the Clerk’s Office is
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hereby directed to strike the Court’s previous order (ECF No. 25). This case is CLOSED.
IT IS SO ORDERED.
Dated: August 28, 2014

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Troy L. Nunley
United States District Judge

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