Joe Hand Promotions Inc v. Reyes

Filing 39

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Claudia Wilken on 12/3/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOE HAND PROMOTIONS, INC.,

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No. C 11-6334 CW

Plaintiff,

ORDER DISMISSING
CASE FOR FAILURE
TO PROSECUTE

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v.

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MIULER REYES,

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Defendant.
________________________________/

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United States District Court
For the Northern District of California

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The Court held a case management conference on November 28,

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2012.

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sent attorney James Beck to appear in his place.

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the third time that Mr. Riley has failed to appear for a scheduled

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hearing and sent another attorney to appear on his behalf without

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obtaining leave of the Court.

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Court expressly warned that he was required to appear at all

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scheduled hearings and that he may not send another attorney to

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appear for him without the Court’s permission.

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continues to ignore these instructions, Plaintiff’s case is

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dismissed for failure to prosecute.

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Plaintiff’s counsel, Thomas P. Riley, failed to appear and
This is at least

On the two prior occasions, the

Because Mr. Riley

Under Federal Rule of Civil Procedure 41(b), a district court

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may dismiss a case if “the plaintiff fails to prosecute or to

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comply with these rules or a court order.”

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Pres. Council v. United States Forest Serv., 403 F.3d 683, 689

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(9th Cir. 2005) (“[C]ourts may dismiss under Rule 41(b) sua

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sponte, at least under certain circumstances.”).

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dismissal, the plaintiff must prosecute his or her case with

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“reasonable diligence.”

See also Hells Canyon

To avoid

Anderson v. Air West, Inc., 542 F.2d 522,

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524 (9th Cir. 1976).

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comply with the Civil Local Rules and with this Court’s prior

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directives, which instruct him to seek leave of the Court if he

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cannot appear in person or intends to send another attorney in his

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place.1

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recalcitrance not only delays resolution of this case and

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prejudices Defendant but also frustrates the Court’s docket

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management efforts and drains judicial resources.

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Mr. Riley’s conduct justifies dismissal here.

Here, Mr. Riley has repeatedly failed to

Telephonic appearances can also be arranged.

Mr. Riley's

Accordingly,

See Dahl v. City of

United States District Court
For the Northern District of California

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Huntington Beach, 84 F.3d 363, 366 (9th Cir. 1996) (instructing

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district courts to weigh concerns about delay, prejudice, and

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docket management when deciding whether to impose dismissal as a

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sanction).

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Plaintiff’s complaint is dismissed for failure to prosecute.

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If a motion to set aside the dismissal is filed and granted, then

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the schedule set forth in the case management order will be

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adopted.

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See Docket No. 38.

IT IS SO ORDERED.

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Dated: 12/3/2012

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CLAUDIA WILKEN
United States District Judge

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See J&J Sports Prods., Inc. v. Looney, Civ. Case No. 112093, Docket No. 22, Minute Order & Case Management Order
(“Counsel for Plaintiff may not send a substitute without
permission of the Court.”); Civil L.R. 16-10(a) (“Unless excused
by the Judge, lead trial counsel for each party must attend the
initial Case Management Conference.”). Mr. Riley was also warned
about his conduct after he failed to appear for a hearing in
another case and attempted to send Mr. Beck in his place. See J&J
Sports Prods., Inc. v. Dean, Civ. Case No. 10-5088, Docket No. 20,
Minute Order & Case Management Order.
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