Failure to Prosecute under Rule 41(b) — Five Factors - Joseph Hage Aaronson

Commercial Litigation and Arbitration

Commercial Litigation and Arbitration

Failure to Prosecute under Rule 41(b) — Five Factors

From Katina v. Mortgage Elec. Registration Sys., 2011 U.S. Dist. LEXIS 4594 (E.D. Cal. Jan. 18, 2011):

A court must weigh five factors in determining whether to dismiss a case for failure to prosecute, failure to comply with a court order, or failure to comply with a district court's local rules. *** Specifically, the court must consider:

(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 alternatives.

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