Brum
Brum v. MarketSource, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jennifer Brum, et al., No. 2:17-cv-00241-KJM-JDP Plaintiffs, ORDER v. MarketSource, Inc., et al., 1S Defendants. 16 The defendants move to dismiss for lack of prosecution under Federal Rule of Civil Procedure 41(b) and move to strike plaintiffs’ class allegations in the alternative. Mot., ECF No. 64. The motion is fully briefed and was submitted without argument. See Opp’n, ECF No. 65; Reply, ECF No. 66; Min. Order, ECF No. 67. “Dismissal is a harsh penalty and is to be imposed only in extreme circumstances.” Jn re Phenylpropanolamine (PPA) Prod. Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006) (quoting Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir. 1987)). A Rule 41(b) dismissal “must be 24 supported by a showing of unreasonable delay.” Omstead v. Dell, Inc., 594 F.3d 1081, 1084 (9th Cir. 2010) (quoting Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986),…