Cardoso v. Wells Fargo Bank, N.A.

Background

On September 20, 2022, the court granted Wells Fargo Bank, N.A.’s motion to dismiss the action without prejudice. The court gave the plaintiffs 30 days to file an amended complaint.

Failure to Prosecute

The plaintiffs did not file an amended complaint. On November 21, 2022, the court issued an order requiring an explanation for why the case should not be dismissed for failure to prosecute, meaning failure to pursue the case. The opinion states that Plaintiff did not comply with the orders or otherwise communicate with the court.

The court explained that Federal Rule of Civil Procedure 41(b) permits a court to dismiss a case when a plaintiff fails to prosecute or comply with court rules or a court order. The court also considered the required factors, including the duration of the delay, whether the plaintiff was warned, possible prejudice to the defendant, the plaintiff’s opportunity to be heard, and whether lesser sanctions would be effective.

Ruling

The court concluded that the factors supported dismissal because the plaintiffs had been ordered twice to file an amended complaint and had been warned that failing to do so could result in dismissal. Judge Kenneth M. Karas therefore dismissed the plaintiffs’ case without prejudice for failure to prosecute.