Local Rule LOCAL CIVIL RULE 41: DISMISSAL OF ACTIONS
M.D. La. — Civil rule
LOCAL CIVIL RULE 41 - DISMISSAL OF ACTIONS
(a) Dismissals. Except as provided in Fed. R. Civ. P. 41(a)(1), if an attorney proposes to dismiss a suit with the intention of refiling it, the attorney must bring this to the attention of the Judge to whom the suit has been assigned. Such dismissal requests do not result in automatic dismissal and must be ruled upon by the assigned Judge.
(b) Dismissal for Failure to Prosecute.
(1) A civil action may be dismissed by the Court for lack of prosecution as follows:
(A) Where no service of process has been made within 90 days after filing of the complaint;
(B) Where no responsive pleadings have been filed or no default has been entered within sixty days after service of process, except when Fed. R. Civ. P. 12(a)(3) applies or a dispositive motion is pending; or
(C) Where a cause has been pending six months without proceedings being taken within such period. This provision shall not apply if the cause is awaiting action by the Court.
(2) Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be allowed fourteen calendar days from mailing of the notice within which to file evidence of good cause for plaintiff's failure to act. If no response is received within the allotted time, the Court may dismiss the civil action. If a timely response is filed, a District Judge or a Magistrate Judge may order additional time within which to take action, dismiss the civil action without prejudice, or issue any other appropriate order.
(3) Dismissal under this Rule shall be without prejudice. The Order of Dismissal shall allow for reinstatement of the action within thirty days for good cause shown.
(4) The failure of an attorney or pro se litigant to keep the Court apprised of an address change may be considered cause for dismissal for failure to prosecute, when a notice is returned to a party or the Court for the reason of an incorrect address and no correction is made to the address for a period of thirty days.