Nieto v. Santa Clara University

Background

Laura Nieto’s lawyer withdrew, after which Nieto represented herself. The court scheduled case-management conferences and required the parties to prepare joint statements. Santa Clara University filed a statement, but Nieto did not participate in preparing it. She also missed a November 5, 2020 conference because of illness.

The court later ordered Nieto to cooperate in preparing the joint statement and warned that failing to cooperate or attend the next conference could lead to dismissal under Federal Rule of Civil Procedure 41. Nieto did not file a required explanation concerning her earlier consent to have a magistrate judge conduct the case. Defense counsel made several attempts to arrange a meeting, but the parties did not complete one. The University filed another statement without Nieto’s participation, and Nieto did not attend the January 21, 2021 conference.

Order

The court issued an order to show cause, meaning it required Nieto to explain why the case should not be dismissed for failure to prosecute—failure to take the steps needed to move the lawsuit forward. The court cited her nonappearance and repeated failure to cooperate or communicate meaningfully with the University. It also stated that her offer to meet on Christmas morning appeared disingenuous and suggested that she did not intend to prosecute the action appropriately.

The court ordered Nieto to file a written response by February 11, 2021, and to appear at a February 25, 2021 hearing by Zoom. The court stated that failure to comply could result in dismissal under Rule 41(b). It did not dismiss the lawsuit in this order. Judge Jacquelyn Corley signed the order.