Lei v. City of Lynden et al

Filing 111

ORDER by U.S. District Judge John C Coughenour granting Defendants Lynden Chamber of Commerce and Gary Vis's 110 Motion to Dismiss. Case is dismissed. (PM)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 JIANGONG LEI, 10 11 12 CASE NO. C14-0650 JCC Plaintiff, ORDER DISMISSING CASE v. CITY OF LYNDEN, 13 Defendant. 14 15 This matter comes before the Court on Defendants Lynden Chamber of Commerce and 16 Gary Vis’s motion to dismiss under Fed. R. Civ. P. 41(b) for failure to prosecute (Dkt. No. 110). 17 The Court has already dismissed the other defendants in this case. (Dkt. No. 63 at 9; Dkt. No. 90 18 at 19.) In the Court’s July 9, 2015 order, in which it granted former defendant City of Lynden’s 19 motion for entry of final judgment, the Court held that “[i]f no notice of appeal is filed within 20 sixty days of the date of this order, the claims against the remaining defendants will be dismissed 21 for lack of prosecution.” (Dkt. No. 101 at 4.) The Court then extended Plaintiff’s deadline to file 22 notice of appeal to December 10, 2015. (Dkt. No. 104 at 2.) 23 Despite his request for an extension, Plaintiff timely filed a notice of appeal on August 8, 24 2015. (Dkt. No. 107 at 1.) But Plaintiff failed to perfect his appeal, despite being twice warned 25 by the Ninth Circuit. (Dkt. Nos. 107 and 108.) Consequently, his appeal was dismissed on 26 January 15, 2016. (Dkt. No. 109.) Since then, Plaintiff has done nothing to comply with the ORDER DISMISSING CASE PAGE - 1 1 Court’s previous order. Plaintiff has also failed to oppose Defendants’ motion, which may be 2 taken as an admission that their arguments have merit. LCR 7(b)(2). 3 Under Rule 41, “[i]f the plaintiff fails to prosecute or to comply with these rules or a 4 court order, a defendant may move to dismiss the action or any claim against it.” Fed. R. Civ. P. 5 41(b). Because Plaintiff did not perfect his appeal, he failed to meaningfully comply with the 6 Court’s previous order. 7 Defendants’ motion (Dkt. No. 110) is therefore GRANTED and this case is DISMISSED. 8 DATED this 11th day of August 2016. 9 10 11 A 12 13 14 John C. Coughenour UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 ORDER DISMISSING CASE PAGE - 2

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