What are the relevant factors to dismiss a motion for involuntary dismissal?

MultiRegion, United States of America

The following excerpt is from Wichelman v. Sacramento Hous. & Redevelopment Agency, No. 2:14-cv-01075-KJM-AC (E.D. Cal. 2014):

Although involuntary dismissal can be a harsh remedy, on balance the five relevant factors weigh in favor of dismissal of this action. The first two factors strongly support dismissal of this action. Plaintiffs' failure to serve defendants and to respond to this court's order strongly suggests that plaintiffs have abandoned this action or are not interested in seriously prosecuting it. See, e.g., Yourish v. Cal. Amplifier, 191 F.3d 983, 990 (9th Cir. 1999) ("The public's interest in expeditious resolution of litigation always favors dismissal."). Any further time spent by the court on this case, which plaintiffs have demonstrated a lack of any serious intention to pursue, will consume scarce judicial resources and take away from other active cases. See Ferdik, 963 F.2d at 1261 (recognizing that district courts have inherent power to manage their dockets without being subject to noncompliant litigants).

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