Opinion
24-cv-01438-NC
07-26-2024
TOA SYSTEMS, INC., Plaintiff, v. TOA SYSTEMS, LLC, Defendant.
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(b) FOR FAILURE TO PROSECTUE
NATHANAEL M. COUSINS UNITED STATES MAGISTRATE JUDGE
This case was transferred to this District from the Middle District of Florida on March 13, 2024. ECF 28. Since its transfer, the parties have not participated in the litigation or responded to court orders. Accordingly, the Court ORDERS Plaintiff TOA Systems, Inc. (TOA Inc.) to show cause in writing why the Court should not recommend dismissal under Rule 41 of the Federal Rules of Civil Procedure for failure to prosecute.
Under Rule 41, “[i]f the plaintiff fails to prosecute or to comply with [the rules of civil procedure] or a court order, a defendant may move to dismiss the action or any claim against it.” Fed.R.Civ.P. 41(b). Courts also have the inherent power to dismiss for failure to prosecute. See Alexander v. Pac. Mar. Ass'n, 434 F.2d 281, 283 (9th Cir. 1970). “[I]n this circuit [] a district court has power to dismiss an action for want of prosecution on its own motion, both under Rule 41(b) . . . and under its local rule, or even in the absence of such rules.” Id.
Thus far, Plaintiff TOA Inc. has failed to prosecute this case. Since this case was transferred on March 13, 2024, TOA Inc. has not consented to or declined magistrate judge jurisdiction despite multiple requests from the Court. See ECF 30, 31. Additionally, the parties did not file an ADR certification as required by the Court's initial case management scheduling order. See ECF 29, 32. The Court alerted the parties to their non-compliance with this court order on May 23, 2024. ECF 32. More than two months have passed and no certification, explanation, or other filing appears on the docket.
Though these failings fall on both parties, it is the plaintiff's burden to prosecute its case. See Fed.R.Civ.P. 41(b). Because TOA Inc. has failed to prosecute its case and to comply with court orders, it must show cause in writing why the Court should not recommend dismissal for failure to prosecute. TOA Inc. must file a written response of no more than two pages by July 30, 2024. Failure to respond may result in a recommendation for dismissal.
IT IS SO ORDERED.