Johnson v. Biomet, Inc.
Johnson v. Biomet, Inc.
Trial Court Opinion
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 * * * 8 PATRICIA JOHNSON, Case No. 2:19-cv-01603- JCM-DJA 9 Plaintiff, 10 v. ORDER 11 BIOMET, INC. et al., 12 Defendants. 13 14 Presently before the court is the matter of Johnson v. Biomet, Inc. et al., case 15 number 2:19-cv-01603-JCM-DJA. 16 Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to prosecute 17 or to comply with these rules or a court order, a defendant may move to dismiss the action 18 or any claim against it.” FED. R. CIV. P. 41(B). This court also has the inherent power to sua 19 sponte dismiss a case for want of prosecution or compliance with court orders. Link v. 20 Wabash R. Co.,
370 U.S. 626, 630–31 (1962); Pagtalunan v. Galaza,
291 F.3d 639, 640–43 21 (9th Cir. 2002); Ferdik v. Bonzelet,
963 F.2d 1258, 1260(9th Cir. 1992). 22 This inherent power is also codified in this court’s local rules. Local Rule 41-1 23 provides that “[a]ll civil actions that have been pending in this court for more than 270 days 24 without any proceeding of record having been taken may, after notice, be dismissed for want 25 of prosecution by the court sua sponte or on the motion of an attorney or pro se party.” LR 26 41-1. 27 On April 27, 2022, the court notified the parties that “[i]f no action is taken in this || CECF No. 45). No party responded or otherwise commenced any proceeding of record. 2 Accordingly, 3 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this matter be, and 4|| the same hereby is, DISMISSED for want of prosecution. 5 The clerk shall close the case. 6 DATED THIS 31% day of May 2022. 7 Bttus C. Atala
9 UNITED STATES DISTRICT JUDGE
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Reference
- Status
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