National Outsourcing Services Inc. v. TS Dynamic Corp.

District Court, D. Nevada

National Outsourcing Services Inc. v. TS Dynamic Corp.

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 NATIONAL OUTSOURCING Case No. 22::1199--CCRV--103011 3JC1-MJC (MEJ-YEJ)Y SERVICES INC., et al, 8 ORDER Plaintiff(s), 9 v. 10 TS DYNAMIC CORP., et al., 11 Defendant(s). 12

13 Presently before the court is the matter of National Outsourcing Services Inc. et al v. 14 TS Dynamic Corp. et al., case number 2:19-cv-00131-JCM-EJY. 15 Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to 16 prosecute or to comply with these rules or a court order, a defendant may move to dismiss 17 the action or any claim against it.” This court also has the inherent power to sua sponte 18 dismiss a case for want of prosecution or compliance with court orders. Link v. Wabash R. 19 Co.,

370 U.S. 626

, 630–31 (1962); Pagtalunan v. Galaza,

291 F.3d 639

, 640–43 (9th Cir. 20 2002); Ferdik v. Bonzelet,

963 F.2d 1258, 1260

(9th Cir. 1992). 21 This inherent power is also codified in this court’s local rules. Local Rule 41-1 22 provides that “[a]ll civil actions that have been pending in this court for more than 270 days 23 without any proceeding of record having been taken may, after notice, be dismissed for want 24 of prosecution by the court sua sponte or on the motion of an attorney or pro se party.” LR 25 41-1. 26 On February 16, 2022, the court issued a notice to counsel pursuant to Local Rule 41- 27 1 that “[i]f no action is taken in this case by 03/19/2022, the court shall enter an order of 28 1| dismissal for want of prosecution.” (ECF No. 38). No party responded or otherwise 2 | commenced any proceeding of record. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that all claims, 5 | counterclaims, and third-party claims are DISMISSED without prejudice for want of 6 | prosecution. 7 The clerk is instructed to close this case. 8 DATED March 29, 2022. 9 CB. {4d © Atala 10 UMITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-

Reference

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