Gary R. Carlin v. Bank of America, N.A.

Good Law
United States District Court, Central District of CaliforniaMay 15, 20258:25-cv-00219California634 words

Opinion

Trial Court Opinion

DISCUSSION

District courts “have inherent power to control their dockets and may impose sanctions, including dismissal, in the exercise of that discretion.” Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992). When determining “whether to dismiss a claim for failure to prosecute or failure to comply with a court order, the Court must weigh the following 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 defendants/respondents; (4) the availability of less drastic alternatives; and (5) the public policy favoring disposition of cases on their merits.” Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Here, the Court concludes these factors support dismissal. After the Court issued its March 27, 2025, Order granting Defendant’s Motion to Dismiss with leave to amend, Plaintiffs did not file anything else in this case. Further, Plaintiffs neither responded to nor sought an extension of time to respond to the Court’s OSC. With regards to the first factor, “[t]he public’s interest in expeditious resolution of litigation always favors dismissal.” Yourish v. Cal. Amplifier, 191 F.3d…

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