Johnson v. Fantasia Coffee & Tea Inc.
- Edward Davila
- 5:21-cv-01973
- U.S. District Court · Northern District of California
- 1
In Johnson v. Fantasia Coffee, Judge Davila dismissed the action with prejudice because Johnson failed to seek default judgment.
Scott Johnson's action against Fantasia Coffee & Tea Inc. was dismissed with prejudice, ending the case.
What happened
In Johnson v. Fantasia Coffee & Tea Inc., Scott Johnson sued Fantasia Coffee & Tea Inc. and obtained entry of default after the company did not respond. Johnson then took no further action.
The court ordered Johnson to file a motion asking for judgment based on the default by September 9, 2021. The order warned that failing to meet the deadline could lead to dismissal for failing to pursue the case, but Johnson did not file the motion.
Judge Edward J. Davila dismissed the action with prejudice under Rule 41(b) for failure to prosecute and directed the Clerk of Court to close the file.
The detailed version
- Johnson v. Fantasia Coffee & Tea Inc. · No. 5:21-cv-01973
- Edward Davila
- Sept. 15, 2021
Background
Scott Johnson filed the action on March 22, 2021, and sought entry of default against Fantasia Coffee & Tea Inc. on May 6, 2021. The Clerk entered default on May 10, 2021. The opinion states that Johnson took no further action afterward.
Court’s Order
On August 26, 2021, the court ordered Johnson to file a motion for default judgment by September 9, 2021. The court warned that it would dismiss the action for failure to prosecute if he missed the deadline. Johnson did not file the motion by that date.
Disposition
The court explained that it had inherent authority to dismiss an action to achieve the orderly and expeditious handling of cases. It dismissed the action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and directed the Clerk of Court to close the file.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.