Rimberg v. Discover Bank

Background

The court previously dismissed Robert Rimberg’s claims without prejudice on March 25, 2019, and gave him 30 days to file a second amended complaint. Rimberg did not file that pleading. On March 11, 2020, the court issued an order to show cause, asking why the case should not be dismissed for failure to prosecute. The order was mailed to Rimberg, but he again did not file an amended pleading.

The court also noted that Rimberg had not responded to Discover Bank’s motion to dismiss. His last substantive communication with the court was his amended complaint, filed on May 21, 2018. The case had originally been filed in state court on November 29, 2017, and was transferred to federal court on December 29, 2017.

Legal Standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to prosecute the case or comply with court rules or orders. The court explained that it has authority to issue this dismissal on its own, without a motion from the defendant. It also noted that dismissal for failure to prosecute is a severe remedy generally reserved for extreme situations, and that courts should consider whether the plaintiff received a warning, the length of the delay, possible prejudice to the defendant, fairness to the plaintiff, and whether lesser penalties would work.

Ruling

Judge Kenneth M. Karas concluded that these factors favored dismissal. The court dismissed the action without prejudice for failure to prosecute, directed the Clerk to mail Rimberg a copy of the order, and ordered the case closed. The order addressed the case’s prosecution and did not decide the underlying claims against Discover Bank.