Ferguson v. Horizon Lines, Inc. et al

Filing 44

ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 12/3/2012. (cdnS, COURT STAFF) (Filed on 12/3/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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LORRAINE FERGUSON,
No. CV11-3391 MEJ

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Plaintiff,
v.

ORDER DISMISSING CASE

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HORIZON LINES, INC., et al.,
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For the Northern District of California

UNITED STATES DISTRICT COURT

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Defendants.
_____________________________________/

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On November 14, 2012, the Court granted Defendant Horizon Lines, Inc.’s Motion for

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Summary Judgment against Plaintiff Lorraine Ferguson. Dkt. No. 41. As Andrew A. Tretyak is the

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sole remaining Defendant and there is no indication that he has been served with the Complaint, the

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Court ordered Plaintiff to show cause why her case against Tretyak should not be dismissed for

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failure to prosecute. Dkt. 42. The Court ordered Plaintiff to file a declaration by November 28,

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2012, or, in the alternative, file a voluntary dismissal by November 28. Plaintiff has failed to file

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either. Based on this procedural history, the Court finds it appropriate to dismiss this case pursuant

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to Federal Rule of Civil Procedure 41(b).

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Under Rule 41(b), failure to comply with a court order can warrant dismissal. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). In “determining whether to dismiss a case for failure

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to comply with a court order, the district court must weigh five factors including ‘(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 risk

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of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and

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(5) the availability of less drastic alternatives.’” Ferdik, 963 F.2d at 1260-61 (quoting Thompson v.

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Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986)). Here, Plaintiff has failed to serve Defendant

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Tretyak, failed to comply with Court orders and deadlines, failed to respond to the order to show

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cause, and has made no appearance in this matter since the Court granted summary judgment in

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favor Horizon Lines, LLC. Thus, the Court finds that the Ferdik factors weigh in favor of dismissal

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and the Court hereby DISMISSES Plaintiff’s complaint.

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IT IS SO ORDERED.

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Dated: December 3, 2012

_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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