§Why CasetextPricing

Evalobo et al v. Pite Duncan, Llp et al

MOTION to Dismiss for Lack of Prosecution

8 Cited authorities

  1. Yourish v. California Amplifier

    191 F.3d 983 (9th Cir. 1999)   Cited 3,932 times
    Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint

  2. Henderson v. Duncan

    779 F.2d 1421 (9th Cir. 1986)   Cited 7,593 times
    Holding court properly dismissed the plaintiff's case after plaintiff's counsel failed to heed the court's warning that failure to submit an acceptable pretrial order would result in dismissal

  3. Omstead v. Dell

    594 F.3d 1081 (9th Cir. 2010)   Cited 525 times
    Holding that a dismissal for failure to prosecute must be supported by a showing of unreasonable delay

  4. Metals v. Independent Sheet Metal, Inc.

    3:09-cv-00693-VPC (D. Nev. May. 19, 2011)

    3:09-cv-00693-VPC. May 19, 2011 ORDER VALERIE COOKE, Magistrate Judge Before the court is plaintiff Ken-Mac Metal's ("Ken-Mac") motion to dismiss counterclaim (#50). Independent Sheet Metal ("Independent") did not oppose. Ken-Mac filed a reply in support of its motion (# 53). Upon thorough review of the unopposed motion, the court grants Ken-Mac's motion to dismiss counterclaim (#50). Refers to the court's docket number. I. FACTUAL PROCEDURAL BACKGROUND The present dispute is based upon an order

  5. Toyota Landscape Co. v. Building Material & Dump Truck Drivers Local 420

    726 F.2d 525 (9th Cir. 1984)   Cited 25 times
    Upholding dismissal of a claim under Rule 41(b) after plaintiff's did not file an amended complaint

  6. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 113,947 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  8. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems