Villafane-Torres v. Walmart

Filing 5

ORDER DISMISSING CASE with prejudice. The Clerk shall enter judgment accordingly and close the case. Signed by Chief Judge Gloria M. Navarro on 5/9/16. (Copies have been distributed pursuant to the NEF - AR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WANDA I. VILLAFANE-TORRES,
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Plaintiff,
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vs.
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MEMBER OF MANAGER OF WALMART, )
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Defendant.
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Case No.: 2:15-cv-1585-GMN-GWF
ORDER

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Pending before the Court is the case of Villafane-Torres v. Walmart, (2:15-cv-1585-

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GMN-GWF). On April 4, 2016, the Court issued an Order dismissing Plaintiff Wanda I.

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Villafane-Torres’ (“Plaintiff”) Complaint. (ECF No. 3). In that Order, the Court granted leave

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for Plaintiff to file an amended complaint on or before May 5, 2016 to correct deficiencies in

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her Complaint. (Id.). However, Plaintiff has since failed to file an amended complaint or

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request an extension of time to do so. For the reasons set forth below, the Court will dismiss

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Plaintiff’s claim with prejudice.

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I.

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DISCUSSION
In its prior Order, the Court ruled, inter alia, that Plaintiff failed to state a claim upon

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which relief could be granted as to her claim of discrimination and harassment on the basis of

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her national origin. (Id. at 3:16–19). Despite the Court’s granting leave for Plaintiff to amend

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her Complaint in order to establish valid causes of action against proper parties, Plaintiff has

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failed to take any action whatsoever in this case.

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The Court is at a loss in cases, such as this one, in which a plaintiff fails to participate in

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the judicial process and does not pursue its claims or even request an extension. However, the

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Court has an obligation to promote justice by allocating judicial resources to cases with

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ongoing disputes and active parties.

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Federal Rule of Civil Procedure 41(b) allows for the dismissal of an action based on a

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party’s failure to obey an order of the Court.1 The Ninth Circuit has specifically held that this

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rule may be applied when a plaintiff fails to file an amended complaint pursuant to a court-

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ordered deadline. See, e.g., Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). “In

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determining whether to dismiss a case for failure to comply with a court order the district court

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must weigh five factors including: (1) the public’s interest in expeditious resolution of

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litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendants;

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(4) the public policy favoring disposition of cases on their merits; and (5) the availability of less

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drastic alternatives.” Id. at 1260–61; see also Thompson v. Housing Auth. of City of Los

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Angeles, 782 F.2d 829, 831 (9th Cir. 1986); Henderson v. Duncan, 779 F.2d 1421, 1423 (9th

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Cir. 1986). The Court will consider each of these factors in turn.

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The Ninth Circuit has consistently held that “the public’s interest in expeditious

Public Interest

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resolution of litigation always favors dismissal.” Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th

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Cir. 2002) (quoting Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir. 1999). In this case,

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Plaintiff has not only failed to file an amended complaint pursuant to the Court’s explicit

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deadline, but has also failed to request an extension or explain its failure to the Court.

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Therefore, this factor weighs in favor of dismissal.
The Court’s Need to Manage its Docket

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2.

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The delays caused by Plaintiff’s failure to amend her claims have already consumed

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time and resources that the Court could have devoted to other cases. The Court’s resources are

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best allocated to actions with active parties seeking to resolve their claims under the law. Thus,

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Though rule 41(b) refers to a defendant’s motion for dismissal, the Supreme Court has long held that district
courts have the power to dismiss actions sua sponte based on a plaintiff’s failure to comply with a court order.
See, e.g., Link v. Wabash R. Co., 370 U.S. 626, 630–31 (1962).

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this factor also weighs in favor of dismissal.

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3.

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The Ninth Circuit recognizes that the risk of prejudice must be considered with reference

Risk of Prejudice to Defendant

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to “the plaintiff’s reason for defaulting.” Pagtalunan, 291 F.3d at 642. However in this matter,

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Plaintiff has not offered any explanation for her failure to comply with the Court’s order.

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In its prior Order, the Court clearly identified numerous deficiencies in Plaintiff’s claims

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that she could attempt to correct in an amended complaint. (Order 3:9–27, ECF No. 3). Rather

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than simply revise its Complaint to correct these deficiencies, Plaintiff has taken no action in

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this case whatsoever.

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“Unnecessary delay inherently increases the risk that witnesses’ memories will fade and

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evidence will become stale.” Pagtalunan, 291 F.3d at 643. Considering Plaintiff’s ongoing

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failure to file an amended complaint without offering an explanation, the Court finds that the

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delay in this matter is unreasonable, and therefore this factor weighs in favor of dismissal.

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4.

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Public policy and the preferences of this Court hold that legal claims should be resolved

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Public Policy Favoring Disposition on the Merits

on their merits whenever possible. This factor weighs against dismissal.

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5.

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In an attempt to avoid dismissal with prejudice, the Court granted Plaintiff thirty-one

Availability of Less Drastic Alternatives

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days in which to file an amended complaint, but warned that failure to file prior to this deadline

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would result in dismissal of its claims with prejudice. (Order 4:8–12). Additionally, in the time

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that elapsed since the Court issued its Dismissal Order, Plaintiff could have requested an

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extension or otherwise clarified its position with the Court. Despite the Court’s admonishment,

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Plaintiff has neither filed an amended complaint nor taken any other action in this matter.

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Therefore, becuase the Court has exercised less drastic alternatives without success, this factor

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weighs in favor of dismissal.

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Accordingly, as four of the Ferdik factors weigh in favor of dismissal, the Court will

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dismiss Plaintiff’s claims with prejudice.

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II.

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CONCLUSION
IT IS HEREBY ORDERED that Plaintiff’s claim of discrimination and harassment on

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the basis of her national origin is DISMISSED WITH PREJUDICE. The Clerk shall enter

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judgment accordingly and close the case.

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DATED this _____ day of May, 2016.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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