Opinion
8:15-cv-01768-JLS-DFM
03-21-2024
Jacqueline Taylor v. Portfolio Recovery Associates, LLC
Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
CIVIL MINUTES - GENERAL
PROCEEDINGS: (IN CHAMBERS) ORDER DISMISSING ACTION WITH PREJUDICE
On March 1, 2024, the Court ordered Plaintiff to show cause why this action should not be dismissed for lack of prosecution. (Order to Show Cause (“OSC”), Doc. 12.) The action was remanded to this Court from multi-district litigation in the Southern District of California, MDL 2295, but Plaintiff never filed the underlying MDL record as required following remand. (Id.) Plaintiff also failed to respond to the Court's OSC. Instead, the Court received a notice of non-opposition to dismissal of the matter, filed by Defendant, representing that, “pursuant to settlement between the parties,” Defendant did not oppose the Court dismissing the action. (Notice, Doc. 14.) Based on Plaintiff's failure to respond to the OSC, Plaintiff's lack of prosecution of the action following remand, Defendant's non-opposition to dismissal, and the representation that there is a settlement between the parties, the Court DISMISSES THE ACTION WITH PREJUDICE. See Fed.R.Civ.P. 41(b) (dismissal for failure to prosecute “operates as an adjudication on the merits”).