Oghigian v. Deutsche Bank National Trust Company et al
Filing
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THE COURT ORDERS that Plaintiff shall have fifteen (15) days to file a Status Report. Signed by Judge Lloyd D. George on 2/14/2013. (Copies have been distributed pursuant to the NEF - DXS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL OGHIGIAN,
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Plaintiff,
2:11-cv-0742-LDG-CWH
ORDER
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v.
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DEUTSCHE BANK NATIONAL TRUST
COMPANY; et al.,
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Defendants.
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By order entered January 9, 2013, the court directed plaintiff to file a report on the status of
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the case, and warned that failure to do so will invite dismissal of the action (#17). Plaintiff has
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failed to timely file the status report.
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Since dismissal for lack of prosecution or failure to comply with the order of the court is a
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harsh penalty that should only be imposed in extreme circumstance, the Ninth Circuit has
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enumerated five factors to be considered by the district court when considering such dismissal:
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“(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its
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docket; (3) the risk of prejudice to the defendants; (4) the public policy favoring disposition of
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cases on their merits; and (5) the availability of less drastic sanctions.” Allen v. Bayer Corp. 460
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F.3d 1217, 1226 (9th Cir. 2006) (citing Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir.
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1987)). “These factors are ‘not a series of conditions precedent before the judge can do anything,’
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but a ‘way for a district judge to think about what to do.’” Allen, 460 F.3d at 1226 (citing Valley
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Eng’rs Inc., v. Elec. Eng’g Co., 158 F.3d 1051, 1057 (9th Cir. 1998)).
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In considering these factors, the court finds that a final admonishment to plaintiff is in
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order before the court acts on plaintiff’s failure to comply with the court’s orders. The interests of
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expediting the litigation and the court’s management of its docket demands that the plaintiff file a
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report on the status of the case, including any efforts between the parties to conduct discovery, or
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actions anticipated by plaintiff from the court, to advance this litigation. Failure to file the report
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will result in dismissal of the action and be considered by the court as a consent by plaintiff to
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such. Accordingly,
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THE COURT HEREBY ORDERS that plaintiff shall have fifteen (15) days from the date
of the entry of this order in which to file the above-described status report.
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DATED this ____ day of February, 2013.
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________________________
Lloyd D. George
United States District Judge
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