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Johnson v. Kraft Foods, 2:16-cv-00042-MMD-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20181019m30 Visitors: 1
Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: ORDER MIRANDA M. DU , District Judge . On August 28, 2018, Plaintiff was directed to file an amended complaint within thirty (30) days. (ECF No. 47 at 5.) That deadline has has now expired, and Plaintiff has not filed an amended complaint or otherwise responded to the Court's order. 1 District courts have the inherent power to control their dockets and "[i]n the exercise of that power, they may impose sanctions including, where appropriate . . . dismissal" of a case. Thompson v. Hous. Au
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ORDER

On August 28, 2018, Plaintiff was directed to file an amended complaint within thirty (30) days. (ECF No. 47 at 5.) That deadline has has now expired, and Plaintiff has not filed an amended complaint or otherwise responded to the Court's order.1

District courts have the inherent power to control their dockets and "[i]n the exercise of that power, they may impose sanctions including, where appropriate . . . dismissal" of a case. Thompson v. Hous. Auth. of City of L.A., 782 F.2d 829, 831 (9th Cir. 1986). A court may dismiss an action with prejudice based on a party's failure to prosecute an action, failure to obey a court order, or failure to comply with local rules. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (dismissing case for noncompliance with local rule); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (dismissing case for failure to comply with an order requiring amendment of complaint); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissing case for failure to comply with local rule requiring pro se plaintiffs to keep court apprised of address); Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987) (dismissing case for failure to comply with court order); Henderson v. Duncan, 779 F.2d 1421, 1424 (9th Cir. 1986) (dismissing case for lack of prosecution and failure to comply with local rules).

In determining whether to dismiss an action for lack of prosecution, failure to obey a court order, or failure to comply with local rules, the court must consider several factors: (1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic alternatives. See Thompson, 782 F.2d at 831; Henderson, 779 F.2d at 1423-24; Malone, 833 F.2d at 130; Ferdik, 963 F.2d at 1260-61; Ghazali, 46 F.3d at 53.

Here, the Court finds that the first two factors—the public's interest in expeditiously resolving this litigation and the Court's interest in managing the docket— weigh in favor of dismissal. The third factor, risk of prejudice to defendant, also weighs in favor of dismissal, since a presumption of injury arises from the occurrence of unreasonable delay in filing a pleading ordered by the court or prosecuting an action. See Anderson v. Air West, 542 F.2d 522, 524 (9th Cir. 1976). The fourth factor—the public policy favoring disposition of cases on their merits—is greatly outweighed by the factors in favor of dismissal discussed herein. Finally, a court's warning to a party that his failure to obey the court's order will result in dismissal satisfies the "consideration of alternatives" requirement. See Ferdik, 963 F.2d at 1262; Malone, 833 F.2d at 132-33; Henderson, 779 F.2d at 1424. The Court's order requiring Plaintiff to file an amended complaint within thirty days expressly stated: "Plaintiff will be given thirty (30) days to file an amended complaint. . . . Failure to file an amended complaint within that time frame will result in dismissal of this action with prejudice." (ECF No. 47 at 5.) Thus, Plaintiff had adequate warning that dismissal would result from his noncompliance with the Court's order to file an amended complaint.

It is therefore ordered that this action is dismissed with prejudice based on Plaintiff's failure to file an amended complaint in compliance with this Court's order.

FootNotes


1. However, defendant Kraft Heinz Foods Company, LLC (improperly named in the case caption) filed a motion alerting the Court to the fact that the 30-day deadline had passed and requesting that this case be dismissed with prejudice. (ECF No. 48.)
Source:  Leagle

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