Masri v. Thorsen

Background

On March 27, 2020, the Court granted the defendants’ motions to dismiss. It dismissed Plaintiff’s claims without prejudice and gave Plaintiff 30 days to file a second amended complaint addressing deficiencies identified in the Court’s prior Opinion and Order.

Plaintiff did not file the second amended complaint within that period. The Court then issued an order requiring Plaintiff to show cause—meaning explain why the case should not be dismissed—for failure to prosecute by July 13, 2020. The Court directed defense counsel to mail that order to Plaintiff and certify the mailing. Counsel for the Thorsen Defendants and for Zion Saal and Esther R. Masri each filed a certificate confirming that the order was mailed.

Plaintiff did not respond to the show-cause order or otherwise communicate with the Court. On July 14, 2020, the Thorsen Defendants asked the Court to dismiss the case.

Legal standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss a case when a plaintiff fails to prosecute the case or comply with court rules or a court order. The Court explained that a district court may also order this dismissal on its own initiative. Because dismissal for failure to prosecute is a severe remedy, courts consider several factors: how long the plaintiff has failed to act, whether the plaintiff received notice that continued delay could lead to dismissal, possible prejudice to the defendants, the balance between court efficiency and the plaintiff’s opportunity to be heard, and whether lesser sanctions would be effective.

Court’s analysis

The Court concluded that these factors favored dismissal. It found that Plaintiff had repeatedly missed court-imposed deadlines. After the defendants filed their motions to dismiss, Plaintiff requested additional time to file a second amended complaint. The Court granted extensions to October 5 and October 18, 2019, while stating that no further extensions would be granted. Plaintiff missed both deadlines and sought another 60-day extension. The Court denied that request but gave him until November 15, 2019 to file the complaint.

Plaintiff missed that deadline as well. The Court later allowed him until December 9, 2019 to file the complaint, but he again failed to do so. Plaintiff did not communicate with the Court after December 2, 2019. The Court’s prior Opinion and Order warned that failing to meet the filing deadline could result in dismissal, and the show-cause order stated that failure to respond would result in dismissal without further notice.

Disposition

The Court dismissed Plaintiff’s case without prejudice for failure to prosecute. It directed defense counsel to mail a copy of the order to Plaintiff at the address listed on the docket by August 5, 2020, and to certify that mailing through the electronic filing system. The Clerk of Court was directed to close the case.