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

The following excerpt is from Burcher v. Lawhead, Case No.: 18cv2559-JAH (MDD) (S.D. Cal. 2019):

"Although there is ... a [public] policy favoring disposition on the merits, it is the responsibility of the moving party to move towards that disposition at a reasonable pace, and to refrain from dilatory and evasive tactics." In re Eisen, 31 F.3d 1447, 1454 (9th Cir. 1994) (affirming grant of motion to dismiss for failure to prosecute); see also Steel v. City of San Diego, No. 09cv1743, 2009 WL 3715257, at *1 (S.D. Cal., Nov.5, 2009) (dismissing action pursuant to Local Rule 7.1 for plaintiff's failure to respond to a motion to dismiss).

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