Bullock v. Old-Growth Again Restoration Forestry, Inc.

Background

Justin Bullock brought this action against Old-Growth Again Restoration Forestry, Inc., alleging that the company’s website, forreverredwood.com, was not fully accessible to blind and visually impaired persons in violation of the Americans with Disabilities Act.

The court ordered the parties to submit a joint letter and proposed case-management plan. After the parties failed to submit the required materials, the court extended the deadline several times. The court also allowed Bullock to state his intentions about continuing the case and warned him that failing to comply could result in dismissal for failure to prosecute. Bullock did not respond to those orders or to the court’s later order directing him to explain why the case should not be dismissed. The opinion states that he had not communicated with the court or taken other action for more than five months.

Legal standard

Federal Rule of Civil Procedure 41(b) allows a court to dismiss an action when a plaintiff fails to prosecute the case or comply with the federal rules or a court order. Before imposing that sanction, the court must weigh five factors: the length of the failure to comply, whether the plaintiff had notice that dismissal could result, likely prejudice to the defendant from further delay, the court’s interest in managing its docket compared with the plaintiff’s opportunity to be heard, and whether a lesser sanction would be effective.

Ruling

Judge Torres concluded that all five factors favored dismissal. The court found that Bullock’s failure to respond lasted long enough to justify dismissal, that he had received repeated warnings, and that prejudice to the defendant could be presumed from the unreasonable delay. The court also found that leaving the case on the docket would waste judicial resources and that there was no reason to believe a lesser sanction would prompt Bullock to prosecute the action.

Accordingly, the court dismissed Bullock’s complaint without prejudice for failure to prosecute. The Clerk of Court was directed to terminate all pending motions, vacate all conferences, and close the case.