Andrade v. Costco Wholesale Corporation
- Edward Davila
- 5:24-cv-04527
- U.S. District Court · Northern District of California
- 2
Judge Davila dismissed Andrade v. Costco Wholesale Corporation for failure to prosecute after Maria Elena Andrade missed two required appearances.
Maria Elena Andrade's action was dismissed for failure to prosecute, and the clerk was ordered to close the file. The opinion does not describe any separate relief or obligation imposed on Costco Wholesale Corporation.
What happened
In Andrade v. Costco Wholesale Corporation, Maria Elena Andrade's state-court action was removed to federal court by Costco Wholesale Corporation.
Andrade did not appear at an initial case-management conference or at a later hearing after the court ordered her to explain why the case should not be dismissed.
Judge Edward J. Davila dismissed the action for failure to prosecute and ordered the clerk to close the file.
The detailed version
- Andrade v. Costco Wholesale Corporation · No. 5:24-cv-04527
- Edward Davila
- Dec. 3, 2024
Background
Maria Elena Andrade filed the action in Monterey County Superior Court on December 19, 2023. Costco Wholesale Corporation removed it to the U.S. District Court for the Northern District of California on July 26, 2024. The opinion does not identify the underlying claims.
Failure to Appear
The court held an initial case-management conference on November 7, 2024. Andrade did not appear. The court then issued an order requiring her to show why the action should not be dismissed for failure to prosecute and for failing to follow court rules and procedures. The order required her to attend a November 21, 2024 hearing and warned that failing to appear could result in dismissal. Andrade did not appear at that hearing either.
Ruling
The court stated that it has inherent power—the authority to manage its own cases—to dismiss an action for lack of prosecution so cases can be handled in an orderly and timely way. The court dismissed the action for failure to prosecute and ordered the clerk to close the file. The supplied opinion text ends after the word “WITHOUT” in the dismissal sentence, so it does not provide any additional dismissal qualifier.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.