JANE DOE
v.
CITY OF MIAMI, FLORIDA
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A district court dismissed a civil action for lack of prosecution after the parties settled the case but failed to file required closing papers within the ordered deadline. The court exercised its inherent power to manage its docket and dismiss cases abandoned by the parties.
The court may dismiss a case on its own initiative when a plaintiff abandons its prosecution of the suit. A district court possesses inherent power to manage its own affairs and clear its docket of dormant cases resulting from party inaction or dilatoriness.
“A district court may dismiss a case, on its own initiative, if a plaintiff abandons its prosecution of the suit.”
Establishes the legal basis for dismissal based on abandonment under Fed. R. Civ. P. 41(b) and Link precedent.
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Join FLexlaw to unlock all legal intelligenceThe parties to this civil action notified the court of a settlement on August 19, 2024, and the court administratively closed the case. The court orde…
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Jane Doe, Plaintiff, ) ) Civil Action No. 23-23712-Civ-Scola City of Miami, Florida, and others, ) Defendants. ) Order Dismissing Case On August 19, 2024, the Court administratively closed this case in response to the parties’ notice that they had settled the matter. The Court gave the parties until September 16, 2024, to file their closing papers. To date, they have failed to file the necessary closing papers. A district court may dismiss a case, on its own initiative, if a plaintiff abandons its prosecution of the suit. Compare Fed. R. Civ. P. 41(b) with Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962). Courts are vested with this inherent power “to manage their own affairs so as to achieve the orderly and expeditious disposition of cases” and “to clear their calendars of cases that have remained dormant because of the inaction or dilatoriness of the parties seeking relief.” Link, 370 U.S. 630-31. The Court finds that the parties have abandoned their prosecution and defense of this matter. The Court dismisses this case with prejudice and directs the Clerk of the Court to close the matter. Done and ordered in Miami, ONES Robert N. Scola, Jr. United States District Judge