Keenum v. Zhou

Background

Michael Keenum brought this action against Sophia Zhou, Zhenghong Zhou, John V. Salierno, and Miguel A. Santos-Uceta. The opinion states that no party had taken action on the docket since May 31, 2019, and that the court had received no communication from Keenum since then. No summons had been issued to any defendant.

On September 30, 2022, the court ordered Keenum to show in writing by October 14, 2022, why his claims should not be dismissed for failure to pursue the case under Federal Rule of Civil Procedure 41(b). The court warned that failing to comply would result in dismissal. Keenum did not comply.

Court’s reasoning

The court explained that Rule 41(b) permits a district judge to dismiss a complaint for failure to pursue the case. In deciding whether to do so, the court considered the length of the delay, whether the plaintiff had notice that delay could lead to dismissal, possible prejudice from further delay, the court’s need to manage its docket while protecting the parties’ procedural rights, and whether a lesser penalty would work. The court concluded that Keenum’s failure to pursue the action and failure to comply with the September 30 order prevented the case from moving forward and impeded the orderly administration of justice.

Disposition

Judge Nelson S. Roman dismissed the complaint without prejudice. The Clerk of Court was directed to terminate the action.