Qiana Vu, individually and on behalf of all those similarly situated v. Bernice Hassan & Assoc, CPA LLC
- Proceeding
- district
- Area
- civil
- Panel
- Dana M. Sabraw (author)
Analysis
The court ordered the plaintiff to show cause why the case should not be dismissed for failure to prosecute, and the plaintiff failed to respond by the deadline. The court dismissed the action without prejudice and directed the Clerk to close the case.
| What the court decided | The model |
|---|---|
Dismissal of the action without prejudice for failure to prosecute“Accordingly, this action is DISMISSED without prejudice.” | agree with court The court had inherent authority and authority under Local Rule 83.1(a) to dismiss for failure to comply with a court order. The plaintiff failed to respond to a show cause order, which constitutes a failure to prosecute. Dismissal without prejudice is a standard and appropriate sanction in this context. |
The order itself: sound — The order correctly identifies the legal basis for dismissal (inherent power, Rule 41(b), and Local Rule 83.1(a)) and applies it to the undisputed fact that the plaintiff failed to respond to a show cause order. The reasoning is concise but sufficient for a procedural dismissal.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Case No.: 25-cv-02397-DMS-DEB QIANA VU, individually and on behalf of 12 all those similarly situated, ORDER DISMISSING CASE 13 Plaintiff, v. 14 BERNICE HASSAN & ASSOC, CPA 15 LLC, 16 Defendant. 17 18 On June 1, 2026, the Court ordered Plaintiff to show cause why the case should not 19 be dismissed for failure to prosecute. (ECF No. 4.) Plaintiff did not respond by the 20 deadline of June 10, 2026. 21 A district court may dismiss an action for failure to comply with the district’s Local 22 Rules or a court order. See Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 23 689 (9th Cir. 2005) (providing “courts may dismiss under [Federal Rule of Civil Procedure] 24 41(b) sua sponte, at least under certain circumstances”); S.D. Cal. Civ. R. 83.1(a) 25 (providing that failure “to comply with these rules . . . or with any order of the Court may 26 be grounds for imposition by the Court of . . . sanctions authorized by statute or rule or 27 within the inherent power of the Court, including, without limitation, dismissal of any 28 actions”). 1 Accordingly, this action is DISMISSED without prejudice. The Clerk of the Court 2 ||is directed to close the case. 3 IT IS SO ORDERED. 4 || Dated: June 15, 2026 2» ; fr, Yn « LA4\ Hon. Dana M. Sabraw 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28