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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 Northern District of California 7 8 LORRAINE FERGUSON, No. CV11-3391 MEJ 9 Plaintiff, v. ORDER DISMISSING CASE 10 HORIZON LINES, INC., et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Defendants. _____________________________________/ 13 On November 14, 2012, the Court granted Defendant Horizon Lines, Inc.’s Motion for 14 Summary Judgment against Plaintiff Lorraine Ferguson. Dkt. No. 41. As Andrew A. Tretyak is the 15 sole remaining Defendant and there is no indication that he has been served with the Complaint, the 16 Court ordered Plaintiff to show cause why her case against Tretyak should not be dismissed for 17 failure to prosecute. Dkt. 42. The Court ordered Plaintiff to file a declaration by November 28, 18 2012, or, in the alternative, file a voluntary dismissal by November 28. Plaintiff has failed to file 19 either. Based on this procedural history, the Court finds it appropriate to dismiss this case pursuant 20 to Federal Rule of Civil Procedure 41(b). 21 Under Rule 41(b), failure to comply with a court order can warrant dismissal. See Ferdik v. 22 Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). In “determining whether to dismiss a case for failure 23 to comply with a court order, the district court must weigh five factors including ‘(1) the public’s 24 interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk 25 of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and 26 (5) the availability of less drastic alternatives.’” Ferdik, 963 F.2d at 1260-61 (quoting Thompson v. 27 Housing Auth., 782 F.2d 829, 831 (9th Cir. 1986)). Here, Plaintiff has failed to serve Defendant 28 Tretyak, failed to comply with Court orders and deadlines, failed to respond to the order to show 1 cause, and has made no appearance in this matter since the Court granted summary judgment in 2 favor Horizon Lines, LLC. Thus, the Court finds that the Ferdik factors weigh in favor of dismissal 3 and the Court hereby DISMISSES Plaintiff’s complaint. 4 IT IS SO ORDERED. 5 Dated: December 3, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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