What is the test for dismissing a case for failure to prosecute under Rule 41(b)?

MultiRegion, United States of America

The following excerpt is from Crosby v. Cnty. of Mono, No. CIV S-2:11-1458-KJM-EFB (E.D. Cal. 2012):

Prior to dismissing for failure to prosecute under Rule 41(b), the court must consider the factors outlined in Henderson v. Duncan, 779 F.2d 1421, 1423 (9th Cir. 1986), namely: "(1) the public's interest in expeditious resolution of litigation; (2) the court's need to manage its docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of cases on their merits; and (5) the availability of less drastic sanctions." "The district court has the inherent power sua sponte to dismiss a case for lack of prosecution." Id.

Other Questions


What is the test for dismissing a case for failure to prosecute, or failure to comply with a court order? (MultiRegion, United States of America)
Does a motion to dismiss the motion for failure to prosecute for sexual assault have any grounds for dismissal? (MultiRegion, United States of America)
What is the test for dismissing an action for failure to prosecute or failure to comply with a court order? (MultiRegion, United States of America)
Can a district court dismiss a dismissal for failure to prosecute for abuse? (MultiRegion, United States of America)
Is a failure to comply with a court order a dismissal for failure to prosecute or comply with local rules? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a motion for failure to prosecute under Local Rule 7.1? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a federal district court dismiss a case for failure to prosecute pursuant to Rule 41(b)? (MultiRegion, United States of America)
When will a district court dismiss a case for failure to prosecute? (MultiRegion, United States of America)
What is the difference between dismissal for failure to post a bond and dismissal for failing to pay a sanction? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.