Johnson v. Chan ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Scott Johnson, No. 2:17-cv-00138-KJM-AC 12 Plaintiff, ORDER 13 v. Haneshinder Singh Chauhan, 1S Defendant. 16 17 On May 18, 2021, plaintiff Scott Johnson requested an entry of default as to defendant 18 | Haneshinder Singh Chauhan. Req. for Entry of Default, ECF No. 66. The Clerk of Court 19 | declined the request, ECF No. 67, and the court directed Johnson to cure the identified 20 | deficiencies and renew the request by June 25, 2021. Minute Order, ECF No. 68. The court 21 | warned that it “anticipate[d] dismissing the case against defendant Haneshinder Singh Chauhan” 22 | for failure to prosecute if Johnson did not cure the deficiencies and “adequately brief the issue of 23 | damages.” Jd. Johnson did not file a renewed request for default. On September 28, 2021, the 24 | court ordered Johnson to show cause, within fourteen days, why this case should not be dismissed 25 | for lack of prosecution under Federal Rule of Civil Procedure 41(b). With the fourteen days now 26 | expired, Johnson has filed only two documents: a notice of appearance by a new attorney, ECF 27 | No. 70, and a renewed request for entry of default, ECF No. 71. The Clerk’s office once again 28 | declined the request. ECF No. 72. Johnson has neither addressed the order to show cause nor 1 | cured the defects of his request, as his renewed filing is the identical to the prior, apart from the 2 | attorney signature. 3 In deciding to dismiss a case for failure to comply with a court order, the court considers 4 | five factors: “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to 5 | manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring 6 | disposition of cases on their merits; and (5) the availability of less drastic alternatives.” Ferdik v. 7 | Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992), as amended (May 22, 1992) (citation omitted). 8 | “[I]t is not required that the district court make explicit findings in order to show that it has 9 | considered these factors.” /d. Having considered the relevant factors, the court dismisses the 10 | case against Haneshinder Singh Chauhan for Johnson’s failure to comply with court orders 11 | and prosecute the case. 12 All other defendants are terminated. See ECF No. 62. 13 The clerk is directed to close the case. 14 IT IS SO ORDERED. 15 DATED: October 19, 2021. / 16 CHIEF ED STATES DISTRICT JUDGE 45