Nooner v. El Dorado Union High School District

MEMORANDUM

Appellants Ronald and Pamela Nooner appeal the district court’s sua sponte dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Appellants brought 28 U.S.C. §§ 1988 and 1985 claims against El Dorado Union High School District, Ponderosa High School Bruin Den Football and Cheer Booster Club, and various school district officials in their individual capacities. Appellants alleged that those parties worked in concert to retaliate against them in violation of their First Amendment rights by denying their formal request that their sons be transferred to another high school. After Appellants failed to oppose a duly noticed motion to dismiss in violation of Eastern District of California Local Rule 230(c), the court ordered them to show cause as to why the action should not be dismissed for failure to prosecute. Appellants’ counsel timely responded, placing the blame on himself, and the court sanctioned him with a fine. Roughly a month later, the court issued a second show cause order directing Appellants to address whether the school district should be dismissed based on Eleventh Amendment…