Lama v. New Century Foundation
- Edward Davila
- 5:19-cv-07218
- U.S. District Court · Northern District of California
- 2
In Lama v. New Century Foundation, Judge Davila dismissed plaintiffs’ action with prejudice for failure to prosecute and terminated the default-judgment motion.
The plaintiffs’ action was dismissed with prejudice. The motion for default judgment was terminated, and the case file was closed.
What happened
In Lama v. New Century Foundation, the plaintiffs did not pursue the case or respond to court orders, according to a magistrate judge’s report and recommendation.
The district court adopted that recommendation, dismissed the plaintiffs’ action with prejudice for failure to prosecute, terminated the motion for default judgment, and ordered the file closed.
Judge Edward J. Davila issued the order after no objections were filed before the objection deadline expired.
The detailed version
- Lama v. New Century Foundation · No. 5:19-cv-07218
- Edward Davila
- Mar. 26, 2020
Background
On February 24, 2020, Magistrate Judge Jacqueline Scott Corley recommended dismissing the plaintiffs’ action for failure to prosecute—that is, for failing to pursue the case and respond to court orders. She relied on Federal Rule of Civil Procedure 41(b) and found that at least four factors identified in Henderson v. Duncan supported dismissal. She also noted that, to the extent the plaintiffs appeared through counsel, the appearance was improper because the attorney had not formally appeared for any plaintiff and had not been admitted to practice in the case on a temporary basis as required by the attorney’s out-of-state license.
Ruling
After the case was reassigned to Judge Edward J. Davila, no objections to the report and recommendation were filed, and the deadline for objections expired. Judge Davila reviewed the report, recommendation, and case record, found the recommendation well-founded in fact and law, and adopted it. The court dismissed the plaintiffs’ action with prejudice for failure to prosecute, terminated the motion for default judgment, and directed the clerk to close the file.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.