Sloan
Sloan v. Cairns
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMIE L. SLOAN and TRACY B. Case No.: 22cv596-JO-AGS
FERNS,
ORDER DISMISSING CASE FOR
Plaintiffs, FAILURE TO PROSECUTE v.
NIGEL CAIRNS,
15 Defendants. 16 17 18 19 On October 18, 2022, the Court ordered Plaintiffs to show cause on or before November 9, 2022, why the case should not be dismissed for failure to file an amended complaint by the September 30, 2022 deadline. Dkt. 5 (Order to Show Cause). The Court cautioned that failure to timely respond to the Order to Show Cause will result in dismissal of the action. Id. To date, Plaintiffs have not filed a response. Federal Rule of Civil Procedure 41(b) governs involuntary dismissal. Fed. R. Civ. P. 41(b). Before dismissing under Rule 41(b), a district court must weigh five “essential 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 …