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N.D. Cal.Procedural orderFiled Oct. 4, 2024

Grewell v. Credit Control LLC

Judge
Fitts
Docket
5:23-cv-01405
Court
U.S. District Court · Northern District of California
Pages
2
Civil Procedure
In one sentence

In Grewell v. LVNV Funding LLC, Judge Fitts ordered Rachael Leticia Grewell to explain within 28 days why the case should not be dismissed.

Who this affects

Rachael Leticia Grewell must respond within 28 days to the order to show cause; the case remains subject to possible dismissal for failure to prosecute.

What happened

In Grewell v. LVNV Funding LLC, the parties did not file a required joint case-management statement by either of two deadlines, and neither party attended the October 3, 2024 conference.

The court warned that the case could be dismissed because of the failure to pursue it and comply with court orders. The court has not yet dismissed the case.

Judge P. Casey Fitts ordered Rachael Leticia Grewell to explain within 28 days why the case should not be dismissed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Grewell v. Credit Control LLC · No. 5:23-cv-01405
Judge
Fitts
Date
Oct. 4, 2024

Background

The court had scheduled an initial case-management conference for October 3,

  1. The parties' joint case-management statement was due September 19,
  2. After they missed that deadline, the court ordered them to file the statement by September 25,
  3. They again failed to file it, and neither party appeared at the conference.

Order

Under Federal Rule of Civil Procedure 41(b), a district court may dismiss an action for failure to prosecute or comply with a court order when the failure is unreasonable, but the court should first give notice that dismissal is being considered. The court ordered Grewell to show cause—that is, explain—why the action should not be dismissed for failure to prosecute. Her response must be filed within 28 days of the order.

Disposition

The court issued an order to show cause. It did not dismiss the action in this order. The opinion's caption identifies the defendant as LVNV Funding LLC, although the supplied case name identifies Credit Control LLC.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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