Strohmeyer v. Belanger

District Court, D. Nevada

Strohmeyer v. Belanger

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 JEREMY JOSEPH STROHMEYER, ) Case No.: 3:14-CV-00661-RCJ-WGC ) 7 Plaintiff, ) ) O PRR ED JE UR D O ICF E D PIS UM RI SS US AA NL T W TI OTH FO RU CT P 4(m) 8 ) vs. ) 9 ) ) MICHAEL BOBADILLA, et al., 10 ) ) 11 Defendants. ) ) 12 13 The Court filed the Notice of Intent to Dismiss Pursuant to FRCP 4(m) (ECF No. 14 367) on September 8, 2020. Plaintiff was ordered to provide the Court with proof of 15 service as to the following party: KOREE KIRKPATRICK on or before October 8, 2020. 16 17 Before dismissing the action, the district court is required to weigh several 18 factors: (1) the public’s interest in expeditious resolution of litigation; (2) the Court’s 19 need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public 20 policy favoring disposition of cases on their merits; and (5) the availability of less drastic 21 sanctions.” Ghazali v. Moran,

46 F.3d 52, 53

(9th Cir. 1995) (internal citations and 22 23 quotations omitted). All five factors point in favor of dismissal. 24 Plaintiff has failed to show good cause why this party should not be dismissed 25 without prejudice for failure to file proof of proper service with this Court pursuant to 26 FRCP 4(m) and failure to comply with the Notice of Intention to Dismiss (ECF No. 367). 27 28 1 IT |S HEREBY ORDERED that Defendant KOREE KIRKPATRICK is * || DISMISSED WITHOUT PREJUDICE for Plaintiff's failure to comply with the Court’s 3 Notice of Intention to Dismiss (ECF No. 367) pursuant to FRCP 4(m). 4 5 IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment 6 || accordingly. 7 IT |S SO ORDERED. 8 Dated this day of October, 2020. 9 10 11 _ ROBERT C. ES 12 United Stateg istrict Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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