Ognibene v. Lagori et al

Filing 71

ORDER of Dismissal without prejudice pursuant to Local Rule 41-1. Signature Banks Cross-Claim action is DISMISSED without prejudice for failure to comply with the Courts Notice of Intention to Dismiss pursuant to Local Rule 41-1 70 . The Clerk of the Court shall enter judgment accordingly and close the case. Signed by Judge Robert C. Jones on 1/7/2015. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PHILIP SABATINO OGNIBENE,
Plaintiff,

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Case No.: 2:12-CV-01307-RCJ-GWF

vs.
PHILIP SABATINO LAGORI, et al.,

ORDER OF DISMISSAL WITHOUT
PREJUDICE PURSUANT TO LOCAL
RULE 41-1

Defendant.

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On November 26, 2014 a Status Conference was held in this matter. Counsel stated

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that settlement had been reached for all matters except for the Cross Claim of Signature

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Bank against Philip Lagori.

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proposed Default Judgment within 15 days or this matter would be dismissed without

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prejudice as to the Cross Claim. Signature Bank has not complied with the Notice within the

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allotted time.

The Court gave notice to Signature Bank that they may file a

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“Before dismissing the action, the district court is required to weigh several factors: (1)

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the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its

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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of

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cases on their merits; and (5) the availability of less drastic sanctions.” Ghazali v. Moran, 46

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F.3d 52, 53 (9th Cir. 1995) (internal citations and quotations omitted). All five factors point in

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favor of dismissal.

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Plaintiff has failed to show good cause why this action should not be dismissed without
prejudice for want of prosecution pursuant to Local Rule 41-1.

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IT THEREFORE ORDERED that the Cross-Claim action is DISMISSED without

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prejudice for Signature Bank’s failure to comply with the Court’s Notice of Intention to Dismiss

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pursuant to Local Rule 41-1 (Doc #70). The Clerk of the Court shall enter judgment

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accordingly and close the case.

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DATED this 7th day of January, 2015.

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ROBERT C. JONES
United States District Judge

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