Carra Otto vs Midwestern, LLC, et al

Filing 185

ORDER that Refacciones Neumaticas La Paz, S.A. DE C.V.'s crossclaims for contribution and indemnification it filed against F & H Mine Supply and MidWestern, LLC are dismissed without prejudice. It is further ordered that F & H Mine Supply's third party complaint against International Mine Supply, Inc. is dismissed without prejudice. Signed by Chief Judge Miranda M. Du on 3/13/2020. (Copies have been distributed pursuant to the NEF - LW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CARRA OTTO, AS THE SURVIVING
SPOUSE OF RICHARD OTTO, AND
CARRA OTTO AS THE ADMINISTRATRIX
OF THE ESTATE OF RICHARD OTTO,

Case No. 3:16-cv-00451-MMD-WGC
ORDER

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Plaintiffs,
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v.
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REFACCIONES NEUMATICAS LA PAZ,
S.A., DE C.V.,

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Defendant.

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AND ALL RELATED CASES

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This is a products liability case. The purpose of this order is to dismiss certain

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ancillary claims, following up on a prior order intended to ascertain the status of those

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claims (the “Prior Order”). (ECF No. 182.)

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The Court first addresses Refacciones Neumaticas La Paz, S.A. DE C.V.’s (“RNP”)

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cross-claims for contribution and indemnification it filed against F & H Mine Supply (“F&H”)

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and Mid-Western, LLC. (ECF No. 88 at 8-11.) RNP responded to the Prior Order, stating

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it had “agreed to dismiss its cross-claims against Mid-Western, LLC, and F&H Mine

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Supply, without prejudice, each party to bear their own attorney’s fees and costs.” (ECF

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No. 184 at 2.) The Court will therefore dismiss those claims without prejudice.

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Next, the Court notes it directed F&H to file a response regarding its third-party

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complaint against International Mine Supply, Inc. (“International Mine”) (ECF No. 33).

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(ECF No. 182 at 1.) The Court warned F&H in the Prior Order that “failure to file a timely

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status report will result in dismissal of its third party complaint against International Mine.”

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(Id. at 2.) F&H did not file a timely response.

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The Court will dismiss F&H’s third party complaint against International Mine

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without prejudice. “If the plaintiff fails to prosecute or to comply with these rules or a court

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order, a defendant may move to dismiss the action or any claim against it.” Fed. R. Civ.

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P. 41(b). In addition, “[a]ll federal courts are vested with inherent powers enabling them to

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manage their cases and courtrooms effectively and to ensure obedience to their orders.”

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F.J. Hanshaw Enters., Inc. v. Emerald River Dev., Inc., 244 F.3d 1128, 1136 (9th Cir.

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2001) (citing Chambers v. NASCO, Inc., 501 U.S. 32, 43-44 (1991)). “As a function of this

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power, courts can dismiss cases in their entirety, bar witnesses, award attorney’s fees and

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assess fines.” Id. (citing Chambers, 501 U.S. at 44-45). Moreover, a court may dismiss an

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action based on a party’s failure to obey a court order. See Malone v. U.S. Postal Serv.,

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833 F.2d 128, 130 (9th Cir. 1987) (affirming dismissal for failure to comply with court

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order). The Court’s Prior Order was clear, and F&H has not complied. The Court will

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therefore dismiss F&H’s third party complaint against International Mine

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It is therefore ordered that Refacciones Neumaticas La Paz, S.A. DE C.V.’s cross-

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claims for contribution and indemnification it filed against F & H Mine Supply and Mid-

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Western, LLC are dismissed without prejudice.

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It is further ordered that F & H Mine Supply’s third party complaint against
International Mine Supply, Inc. is dismissed without prejudice.
DATED THIS 13th day of March 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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