U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 90

ORDER. IT IS ORDERED, ADJUDGED, and DECREED that SFR shall file a dispositive motion or other appropriate filing on or before 1/17/2020. IT IS FURTHER ORDERED that if SFR fails to prosecute its cross-claim against the McCoys on or before 1/17/2020, the court will dismiss the cross-claim. Signed by Judge James C. Mahan on 1/8/2020. (Copies have been distributed pursuant to the NEF - JQC)

Download PDF
1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 10 U.S. BANK N.A., 11 12 13 Plaintiff, 16 17 ORDER v. SFR INVESTMENTS POOL 1, LLC, et al., Defendants. 14 15 Case No. 2:16-cv-02801-JCM-EJY Presently before the court is the matter of U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al., case no. 2:16-cv-02801-JCM-EJY. On December 18, 2018, this court granted the parties’ stipulation and dismissed the 18 complaint and counterclaim with prejudice. (ECF No. 88). However, the stipulation “in no way 19 affect[ed] SFR’s cross-claim against David L. McCoy and Pamela McCoy (the ‘McCoys’).” Id. 20 at 3. To the contrary, the stipulation—and this court’s order—expressly provided that “[t]his 21 case shall remain open until such time as SFR resolves its pending cross-claim against the 22 McCoys.” Id. 23 24 25 There is nothing pending before the court. Since this court’s order over a year ago, SFR has not filed any motions or otherwise acted to prosecute its cross-claim against the McCoys. Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to prosecute or 26 to comply with these rules or a court order, a defendant may move to dismiss the action or any 27 claim against it.” Fed. R. Civ. P. 41(b). Although this rule only references dismissal upon 28 defendant’s motion, the Supreme Court in Link v. Wabash R. Co. held as follows: 1 2 3 4 5 6 7 Neither the permissive language of the Rule—which merely authorizes a motion by the defendant—nor its policy requires us to conclude that it was the purpose of the Rule to abrogate the power of courts, acting on their own initiative, to clear their calendars of cases that have remained dormant because of the inaction or dilatoriness of the parties seeking relief. The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases. Link v. Wabash R. Co., 370 U.S. 626, 630–31 (1962). The Supreme Court specifically affirmed “the power of courts, acting on their own 8 initiative, to clear their calendars of cases that have remained dormant because of the inaction or 9 dilatoriness of the parties seeking relief.” Id. at 630. Thus, Rule 41(b) authorizes district courts 10 to sua sponte dismiss actions for failure to prosecute or to comply with court orders or the 11 Rules. Pagtalunan v. Galaza, 291 F.3d 639, 640–43 (9th Cir. 2002); 12 This power is also codified in this court’s local rules. Local Rule 41-1 provides that 13 “[a]ll civil actions that have been pending in this court for more than 270 days without any 14 proceeding of record having been taken may, after notice, be dismissed for want of prosecution 15 by the court sua sponte or on the motion of an attorney or pro se party.” LR 41-1. 16 Accordingly, 17 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that SFR shall file a 18 19 20 21 dispositive motion or other appropriate filing on or before January 17, 2020. IT IS FURTHER ORDERED that if SFR fails to prosecute its cross-claim against the McCoys on or before January 17, 2020, the court will dismiss the cross-claim. DATED THIS 8th day of January 2020. 22 23 JAMES C. MAHAN UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?