Local Rule 7041-1: Dismissal of Actions for Lack of Prosecution

Local Rule 7041-1 Dismissal of Actions for Lack of Prosecution

(a) When Action May be Dismissed. Except where a complaint objecting to a discharge has been filed, an adversary proceeding may be dismissed by the court for lack of prosecution as follows:

(1) Where no service of process has been made and certified to the court within 30 days after the filing of the complaint;

(2) Where no responsive pleadings have been filed and plaintiff has not moved for entry of default within 30 days after the time for filing responsive pleadings has expired;

(3) Where there has been no activity in the adversary proceeding for four months; or

(4) Where the parties have failed to tender a final judgment or order.

(b) Dismissal Without Prejudice. Dismissal pursuant to this local rule shall be without prejudice unless the delay has resulted in prejudice to an opposing party.