Johnson v. Joya Supermarket, LLC
- Edward Davila
- 5:21-cv-02991
- U.S. District Court · Northern District of California
- 1
In Scott Johnson v. Super Tacos El Conrro, Inc., Judge Davila dismissed the action with prejudice after Johnson missed the deadline to seek default judgment.
Scott Johnson’s action against Super Tacos El Conrro, Inc. was dismissed with prejudice, and the Clerk was directed to close the case.
What happened
In Scott Johnson v. Super Tacos El Conrro, Inc., Scott Johnson sought default against the defendant, and the Clerk entered default on August 18, 2021.
The court ordered Johnson to file a motion for default judgment by November 8, 2021, and warned that missing the deadline could result in dismissal. Johnson filed nothing by that date.
Judge Edward J. Davila dismissed the action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b) and directed the Clerk to close the file.
The detailed version
- Johnson v. Joya Supermarket, LLC · No. 5:21-cv-02991
- Edward Davila
- Nov. 9, 2021
Background
Scott Johnson filed the action on April 26, 2021. He sought entry of default against Super Tacos El Conrro, Inc. on August 13, 2021, and the Clerk entered default on August 18, 2021. Johnson then took no further action.
On October 8, 2021, the court ordered Johnson to file a motion for default judgment by November 8, 2021. The order warned that failure to meet the deadline would lead to dismissal for failure to prosecute. Johnson did not file the motion.
Ruling
The court stated that it had inherent power—the authority to manage its cases and ensure their orderly, timely resolution—to dismiss the action on its own initiative. Under Federal Rule of Civil Procedure 41(b), the court dismissed this action with prejudice for failure to prosecute. 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.