Cabusas et al v. Kay-Co Investment, Inc. et al

Filing 22

ORDER DISMISSING CASE. Signed by Judge Hamilton on 1/29/2013. (pjhlc1, COURT STAFF) (Filed on 1/29/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 NORMA CABUSAS, et al., 11 For the Northern District of California United States District Court 10 Plaintiffs, 12 v. 13 ORDER DISMISSING CASE KAY-CO INVESTMENT, INC., et al., 14 No. C 12-1133 PJH Defendants. _______________________________/ 15 16 Plaintiffs having filed the above-entitled action on March 7, 2012, and having failed 17 to comply with the court’s order to serve the defendants and file a proof of service with the 18 court by December 31, 2012, the case is hereby DISMISSED pursuant to Federal Rule of 19 Civil Procedure 41(b) for failure to prosecute and failure to comply with an order of the 20 court. 21 The court finds that dismissal is warranted based on the factors articulated by the 22 Ninth Circuit. See, e.g., Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002); Carey v. 23 King, 856 F.2d 1439, 1440 (9th Cir.1988). Dismissal is appropriate based on the public's 24 interest in expeditious resolution of litigation and the court’s need to balance its docket. 25 Further, plaintiffs having failed to serve defendants, despite the court’s extension of time for 26 service well beyond the 120 days allowed under Federal Rule of Civil Procedure 4(m), cuts 27 against any possible prejudice plaintiffs might suffer because of a dismissal. The court 28 previously offered a less drastic alternative – an extension of time for service – but plaintiffs 1 failed to comply. Accordingly, the court finds that no less drastic alternative to dismissal is 2 now available. In view of the above findings, the public policy favoring disposition of cases 3 on their merits is insufficient to preclude dismissal in this case. 4 5 IT IS SO ORDERED. 6 Dated: January 29, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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