Sylve v. Uyematsu
Sylve v. Uyematsu
Trial Court Opinion
1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA 3
4 CHEYANNE SYLVE, individually; TRISTAN HILL, individually, 5 Case No.: 2:24-cv-00716-GMN-DJA 6 Plaintiffs, ORDER OF DISMISSAL BY COURT 7 CARLY ROSE UYEMATSU, individually; FOR WANT OF PROSECUTION SAMUEL ESPINOSA RAMIREZ, 8 individually; DOE INDIVIDUALS 1-20, inclusive; and ROE CORPORATIONS 1- 9 20, inclusive, 10 Defendants. 11 12 This action has been pending in this Court for more than two-hundred-seventy (270) 13 days without any proceeding having been undertaken during such period. On January 30, 2025, 14 the Court provided notice that if no action was taken within thirty (30) days, the Court would 15 “enter an order of dismissal for want of prosecution.” (Notice Regarding Intent Dismiss, ECF 16 No. 9). To date, the parties have not taken any action, and the deadline to do so has passed. 17 Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 41(b) permits dismissal of an action 18 for the failure to prosecute or comply with rules or a court order. Fed. R. Civ. P. 41(b). In 19 addition, Local Rule 41-1 provides that a civil action that has been pending for more than two- 20 hundred-seventy (270) days without any proceeding of record may, after notice, be dismissed 21 for want of prosecution by the court sua sponte. 22 Considering the length of the delay, and the parties’ failure to provide a reason for the 23 delay, the Court finds that dismissal is appropriate under Fed. R. Civ. P. 41(b) and Local Rule 24 41-1. See Street v. Baca, No. 3:16-cv-00266,
2018 WL 3581143, at *1 (D. Nev. Apr. 20, 2018) 25 (recommending dismissal of a case under both Fed. R. Civ. P. 41(b) and Local Rule 41-1 where 1 |/it had “been more than 270 days since Plaintiff filed his notice of change of address, with no 2 filing by Plaintiff indicating an intent to prosecute this action”), report and 3 || recommendation adopted, (D. Nev. July 25, 2018). 4 Accordingly, 5 IT IS HEREBY ORDERED that the above-entitled action is DISMISSED 6 || WITHOUT PREJUDICE for want of prosecution pursuant to Fed. R. Civ. P. 41(b) and Local 7 ||Rule 41-1. 8 The Clerk of Court is kindly instructed to close the case. 9 DATED this 5 __ day of March, 2025. 10 1] 12 GLORIA M. ARRO, DISTRICT JUDGE 13 UNITED STAPES DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25
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