What are the relevant factors to dismiss a motion to dismiss an action brought by plaintiffs?

Although involuntary dismissal can be a harsh remedy, 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 file an opposition or statement of non-opposition to defendants' motion to dismiss in the first instance, and their failure to do so a second time despite clear warnings of the consequences for such failures, strongly suggest 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."). Moreover, although plaintiffs had notice of the continued hearing date and their potentially final opportunity to respond to the motion on or before January 26, 2012, plaintiffs took no action. 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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