Local Rule Civil L.R. 41: Dismissal of Actions

Civil L.R. 41. Dismissal of Actions

(a) Dismissal Where No Service of Process. Whenever the Plaintiff has not completed service of process within the time required by Fed. R. Civ. P. 4(m), and the Defendant has not waived service under Fed. R. Civ. P. 4(d), the Court upon notice may dismiss the action in accordance with Fed. R. Civ. P. 4(m).

(b) Dismissal Where No Answer or Other Pleading Filed. Whenever a served Defendant has failed to answer or otherwise defend within six (6) months from the filing of the complaint and the Plaintiff has not sought default and default judgment, the Court upon notice may dismiss the action for failure to prosecute, in accordance with applicable law.

(c) Dismissal for Lack of Diligence. Whenever it appears that the Plaintiff is not diligently prosecuting the action, the Court upon notice may dismiss the action for failure to prosecute, in accordance with applicable law.

(d) Dismissal of Frivolous Action or Pleading. Whenever it appears that the Plaintiff's complaint, the Defendant's answer (including counterclaims), or any other pleading filed by a party is frivolous or interposed primarily for any improper purpose, the Court upon notice may dismiss or strike the pleading, or any portion of the pleading, in accordance with applicable law.

(e) Improper Re-Filing of Actions. No party or attorney may dismiss and re-file an action for the purpose of obtaining a different Judge.