Goldner v. Ralph Edwards/Stu Billett Productions

Background

Marc Goldner filed the action pro se, meaning without a lawyer, on April 2, 2020. On April 6, 2020, the court ordered him to serve the summons and complaint on each defendant within 90 days after summonses were issued. The court warned that failing to serve the defendants could lead to dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b). The clerk issued the summonses on April 13, 2020.

After more than 90 days passed, Judge Barbara C. Moses extended Goldner’s deadline to October 14, 2020, because of his pro se status and the COVID-19 pandemic. She again warned that failure to serve the defendants could result in dismissal. On October 19, 2020, Judge Moses ordered Goldner to explain by November 12, 2020, why the action should not be dismissed for failure to prosecute. The clerk mailed that order to Goldner.

Court’s Analysis

Rule 41(b) permits a district court to dismiss an action when a plaintiff fails to prosecute or fails to comply with the federal rules or a court order. The court considered five factors: the length of the plaintiff’s delay or noncompliance, whether the plaintiff received notice that dismissal could result, likely prejudice to the defendants, the court’s need to manage its docket compared with the plaintiff’s opportunity to be heard, and whether a less severe sanction would be effective.

The court concluded that all five factors favored dismissal. It found that Goldner had failed to participate in prosecuting the action for at least one year and had disobeyed three court orders concerning service and prosecution. He had received repeated warnings that dismissal could result. The court also stated that prejudice to the defendants could be presumed from unreasonable delay and that Goldner’s delay was exceptionally long. Finally, the court found that dismissal without prejudice balanced the need to manage the docket with the need not to unduly penalize a self-represented litigant, and that a lesser sanction would seemingly be ineffective.

Disposition

Judge Analisa Torres dismissed the case without prejudice for failure to prosecute under Rule 41(b). The clerk was directed to mail the order to Goldner and close the case.