M.G. v. Seattle School District

Filing 13

ORDER DISMISSING CASE WITHOUT PREJUDICE by Hon. Brian A Tsuchida. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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M.G. a minor, by and through her parents
J.G. and other, C.G.,
Plaintiff,

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v.

CASE NO. 2:24-cv-00663-BAT
ORDER DISMISSING CASE
WITHOUT PREJUDICE

SEATTLE SCHOOL DISTRICT,
Defendant.
This matter comes before the Court on its own motion. On July 3, 2024, the Court
granted Defendant’s motion to modify the briefing schedule. Dkt. 11. Plaintiff did not respond to
the motion. The Court found good cause to grant the motion as Plaintiff’s complaint neither
identifies the specific issues to be reviewed nor the grounds upon which Plaintiff contends the
ALJ erred. Id. In modifying the briefing schedule, the Court ordered Plaintiff to file an opening
brief or motion by August 19, 2024. Id.
Plaintiff failed to file an opening brief or request a continuance. Therefore, on August 22,
2024, the Court ordered Plaintiff to show cause why the case should not be dismissed for failure
to comply with the Court’s July 3, 2024 Order. The Order to Show Cause stated “Cause will be
shown if Plaintiffs file their opening brief by Monday, August 26, 2024. Dkt. 12. As of the date
of this Order, Plaintiff has not responded to the Court’s Order to Show Cause.
Accordingly, the Court ORDERS that this case is DISMISSED WITHOUT
PREJUDICE for failure to prosecute. See Fed. R. Civ. P. 41(b) (allowing for involuntary
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dismissal for failure to prosecute or failure to comply with the federal rules or court orders);

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Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005) (courts may

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dismiss cases sua sponte under Rule 41(b) for failure to prosecute); Oliva v. Sullivan, 958 F.2d

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272, 274 (9th Cir. 1992) (“The district judge has an obligation to warn the plaintiff that dismissal

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is imminent.”); Villalobos v. Vilsack, 601 F. App’x 551, 552 (9th Cir. 2015) (upholding district

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court’s dismissal without prejudice for failure to prosecute after the plaintiff failed to respond to

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the court’s order to show cause).

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DATED this 28th day of August, 2024.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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