Ortega v. Made With Love Wellness, Inc.

Background

Juan Ortega brought the case individually and on behalf of all others similarly situated against Made With Love Wellness, Inc. The court ordered Ortega to file any motion for default judgment by April 11, 2022. He did not file one.

The court then issued an order to show cause, requiring Ortega to explain in writing by April 25, 2022, why the case should not be dismissed for failure to prosecute. The court warned that failure to comply could result in dismissal without further notice. Ortega did not file a written response.

Court’s reasoning

The court explained that federal courts may dismiss a case under Rule 41(b) when a plaintiff fails to prosecute or comply with a court order. It identified five considerations: the length of the failure to comply, whether the plaintiff was warned about possible dismissal, likely prejudice to the defendant from further delay, the balance between managing the court’s docket and giving the plaintiff a fair opportunity to be heard, and whether a less severe sanction was adequately considered.

The court found dismissal warranted in light of Ortega’s apparent unwillingness to proceed after he failed to file the required motion and then failed to respond to the order to show cause.

Ruling

Judge Jesse M. Furman ordered that the case be dismissed with prejudice for failure to prosecute. The clerk was directed to close the case.