Bartlett v. 99 Cents Only Stores LLC ( 2022 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Pamela Bartlett, No. CV-21-01227-PHX-DWL 10 Plaintiff, ORDER 11 v. 12 99 Cents Only Stores LLC, 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. 16 ¶ 14.) The dispositive motions deadline was November 18, 2022. (Doc. 29.) 19 No dispositive motions were pending on that date, but Plaintiff failed to file the Notice. 20 In fact, the docket reflects no activity since August 2022. 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. 16 ¶ 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 25 (9th 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 for failure to prosecute by filing a memorandum, not to exceed five pages, which || discusses the status of this case, explains the reason for the delay, and addresses the Ash factors. 8 Accordingly, 9 IT IS ORDERED that Plaintiff shall file a memorandum by January 4, 2023, not 10 || to exceed five pages, showing cause why this case should not be dismissed for failure to 11 || prosecute. 12 Dated this 15th day of December, 2022. 13 14 Lm ee” 15 f CC —— Dominic W. Lanza 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 _2-