Salazar-Delgado v. Larson ( 2022 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rosa Salazar-Delgado, No. CV-21-00330-PHX-DWL 10 Plaintiff, ORDER 11 v. 12 Larry Dennis Larson, et al., 13 Defendants. 14 15 Pursuant to the Court’s Case Management Order, Plaintiff was required to file and 16 serve a Notice of Readiness for Final Pretrial Conference (“Notice”) within seven days 17 after the dispositive motions deadline if no dispositive motions were pending on that date. 18 (Doc. 17 ¶ 14.) The dispositive motions deadline was January 25, 2022. (Doc. 25) No 19 dispositive motions were pending on that date, but Plaintiff failed to file the Notice. In 20 fact, the docket reflects no activity since November 2021. 21 Plaintiff has been warned that failure to meet deadlines in the Court’s Case 22 Management Order without substantial justification “may result in sanctions, including 23 dismissal of the action.” (Doc. 17 ¶ 15.) “It is within the inherent power of the court to 24 sua sponte dismiss a case for lack of prosecution.” Ash v. Cvetkov, 739 F.2d 493, 496 (9th 25 Cir. 1984). “When considering whether to dismiss a case for lack of prosecution, the 26 district court must weigh the court’s need to manage its docket, the public interest in 27 expeditious resolution of litigation, and the risk of prejudice to the defendants against the 28 policy favoring disposition of cases on their merits, and the availability of less drastic || sanctions.” Jd. The Ninth Circuit has affirmed dismissal without prejudice for a delay as || short as four weeks, noting that “[a] relatively brief period of delay is sufficient to justify 3 || the district court’s sending a litigant to the back of the line.” Jd. at 497. 4 Plaintiff must show cause why this case should not be dismissed without prejudice 5 || for failure to prosecute by filing a memorandum, not to exceed five pages, which discusses 6|| the status of this case, explains the reason for the delay, and addresses the Ash factors. 7 Accordingly, 8 IT IS ORDERED that Plaintiff shall file a memorandum by August 19, 2022, not 9|| to exceed five pages, showing cause why this case should not be dismissed for failure to 10 || prosecute. 11 Dated this 5th day of August, 2022. 12 13 Lm ee” 14 f CC —— Dominic W. Lanza 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-