Love v. Nguyen
- Edward Davila
- 5:20-cv-02072
- U.S. District Court · Northern District of California
- 1
In Love v. Nguyen, Judge Davila dismissed the action with prejudice because Love failed to prosecute and did not respond to the court’s order.
Samuel Love’s action against Dong Nguyen and the other named defendants was dismissed with prejudice, and the court ordered the file closed.
What happened
Samuel Love filed this action against Dong Nguyen and other defendants on March 25, 2020. After the summons was returned on June 10, 2020, Love took no further action.
On June 14, 2021, the court ordered Love to explain in writing by June 21 why the case should not be dismissed for failure to prosecute. The court warned that failing to respond would result in dismissal with prejudice.
Judge Edward J. Davila dismissed the action with prejudice under Rule 41(b) after Love did not respond. The clerk was ordered to close the file.
The detailed version
- Love v. Nguyen · No. 5:20-cv-02072
- Edward Davila
- June 22, 2021
Background
Samuel Love filed the action on March 25, 2020. The summons return was filed on June 10, 2020. The opinion states that Love took no further action after that date.
Order to Show Cause
On June 14, 2021, the court issued an order to show cause, meaning an order requiring Love to explain why the case should not be dismissed for failure to prosecute. The court required a written response by June 21, 2021, and warned that failure to respond would result in dismissal with prejudice.
Ruling
Love did not file the required response. The court relied on its inherent power to dismiss an action to ensure the orderly and expeditious handling of cases and dismissed the action with prejudice under Federal Rule of Civil Procedure 41(b). The clerk was ordered to close the file.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.