Quezada v. Accretive Capital LLC

Background

José Quezada brought this action on behalf of himself and others similarly situated against Accretive Capital LLC. On March 14, 2023, Magistrate Judge Willis recommended dismissing the action without prejudice under Rule 41(b) of the Federal Rules of Civil Procedure, which permits dismissal when a plaintiff fails to prosecute a case.

The record stated that Quezada had taken no action to advance the case since March 3, 2021. He also did not act after the magistrate judge ordered him to show why the action should not be dismissed for failure to prosecute. The recommendation warned the parties that they had 14 days to object and that failing to do so would waive the right to object and to seek appellate review.

Court’s Review

The district court explained that it could accept, reject, or modify the magistrate judge’s recommendation. Because no objections or requests for an extension were filed, the court reviewed the recommendation for clear error rather than conducting a full reconsideration of disputed issues. The court nevertheless reviewed the petition and the recommendation and found the recommendation well reasoned and supported by the facts and law.

Ruling

Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. The court found that the factors governing dismissal for failure to prosecute favored dismissal because Quezada had not advanced the case despite having ample opportunity and a warning about the consequences. The action was dismissed without prejudice, and the clerk was directed to close the case.