Hintze v. Amica Mutual Insurance Company ( 2024 )

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Karan Hintze, Case No. 2:22-cv-01425-CDS-DJA 5 Plaintiffs Notice Regarding Intent to Dismiss Under Local Rule 41-1 6 v. 7 Amica Mutual Insurance Company, 8 Defendant 9 10 Plaintiff Karan Hintze initiated this action in the Eighth Judicial District Court in Clark 11 County, Nevada in June of 2022. Compl., ECF No. 1-1. Defendant Amica Mutual Insurance 12 Company removed it to federal court in September 2022. Pet., ECF No. 1. On August 16, 2023, 13 the magistrate judge granted the parties’ stipulation to extend discovery deadlines, thereby 14 making the proposed joint pretrial order due on March 8, 2024. ECF No. 17. More than a month 15 has passed since that deadline, and the parties have yet to file a proposed joint pretrial order or 16 request more time to do so. 17 This district’s Local Rules provide for dismissal of an action for want of prosecution: 18 All civil actions that have been pending in this Court for more than 270 days without any proceeding of record having been taken may, 19 after notice, be dismissed for want of prosecution by the court sua sponte or on the motion of an attorney or pro se party. 20 21 LR 41-1. Further, it is within the inherent power and discretion of the court to sua sponte 22 dismiss a civil case for lack of prosecution. Fed. R. Civ. P. 41(b). A plaintiff must prosecute his 23 case with “reasonable diligence” to avoid dismissal under to Rule 41(b). Anderson v. Air W., 24 Inc., 542 F.2d 522, 524 (9th Cir. 1976). 25 26 1 Although Hintze’s attorney filed a notice of attorney’s lien on February 15, 2024 (ECF 2] No. 18), the parties have filed nothing substantive since August 15, 2023. See ECF No. 16. Thus, this order serves as notice that the complaint may be dismissed for lack of prosecution under LR 4) 41-1 and Fed. R. Civ. P. 41(b) unless Hintze takes action in this matter. 5 This notice may be discharged by (1) filing a proposed joint pretrial order, (2) filing a joint status report, or (3) filing a stipulation of dismissal. Failure to respond by May 9, 2024 will 7|| result in dismissal without prejudice without further notice. J, □ 8 Dated: April 22, 2024 LL 9 at he—=— 10 Unig tae District Judge ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26