1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA 3

4 ARTOSS, INC., ) ) 5 Plaintiff, ) Case No.: 2:22-cv-1640-GMN-VCF 6 vs. ) ) ORDER OF DISMISSAL BY COURT FOR 7 ARTOSS Gmbh, THOMAS GERBER, and ) WANT OF PROSECUTION WALTER GERIKE, ) 8 ) Defendants. ) 9

10 This action has been pending in this Court for more than two-hundred-seventy (270) 11 days without any proceeding having been undertaken during such period. On July 27, 2023, 12 the Court provided notice that if no action was taken within thirty (30) days, the Court would 13 “enter an order of dismissal for want of prosecution.” (Notice Regarding Intent Dismiss, ECF 14 No. 33). To date, the parties have not taken any action, and the deadline to do so has passed. 15 Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 41(b) permits dismissal of an action 16 for the failure to prosecute or comply with rules or a court order. Fed. R. Civ. P. 41(b). In 17 addition, Local Rule 41-1 provides that a civil action that has been pending for more than two- 18 hundred-seventy (270) days without any proceeding of record may, after notice, be dismissed 19 for want of prosecution by the court sua sponte. 20 Considering the length of the delay, and the parties’ failure to provide a reason for the 21 delay, the Court finds that dismissal is appropriate under Fed. R. Civ. P. 41(b) and Local Rule 22 41-1. See Street v. Baca, No. 3:16-cv-00266,

, at *1 (D. Nev. Apr. 20, 2018) 23 (recommending dismissal of a case under both Fed. R. Civ. P. 41(b) and Local Rule 41-1 where 24 it had “been more than 270 days since Plaintiff filed his notice of change of address, with no 25 other filing by Plaintiff indicating an intent to prosecute this action”), report and 1 recommendation adopted, (D. Nev. July 25, 2018). 2 Accordingly, 3 IT IS HEREBY ORDERED that the above-entitled action is DISMISSED 4 WITHOUT PREJUDICE for want of prosecution pursuant to Fed. R. Civ. P. 41(b) and Local 5 Rule 41-1. 6 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 7 DATED this __1_3__ day of September, 2023. 8 9 10 ___________________________________ Gloria M. Navarro, District Judge 11 United States District Court

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