LOCAL CIVIL RULE 41 - DISMISSAL OF ACTIONS
LR41.1 Dismissals
LR41.2E Conditional Dismissals
LR41.2M Conditional Dismissals
LR41.3E Dismissal for Failure to Prosecute
LR41.3.1E Dismissal for Failure to Provide Notification of Change of Address
LR41.3M Dismissal for Failure to Prosecute
LR41.3W Dismissal for Failure to Prosecute
Except as provided in FRCvP 41(a)(1), if an attorney proposes to dismiss a suit with the intention of refiling it he or she must bring this to the attention of the judge of the division and section (as applicable) to which the suit has been allotted. [Amended May 18, 2004, June 26, 2004]
LR41.1W Dismissals
Except as provided in FRCvP 41(a)(1), if an attorney proposes to dismiss a suit with the
intention of refiling it he or she must bring this to the attention of the judge of the division and
section (as applicable) to which the suit has been allotted and obtain express leave to refile,
either in the dismissal order or in a separate order.
LR41.2E Conditional Dismissals
If the parties have agreed unconditionally to the settlement of a case, it shall be dismissed with
leave to reinstate the matter if settlement is not concluded within the time set forth in the
dismissal order. If the settlement is not consummated, either party may proceed by motion to
request that the dismissal be set aside and a summary judgment enforcing the settlement be
entered.
LR41.2M Conditional Dismissals [Repealed June 28, 2002]
LR41.3E Dismissal for Failure to Prosecute
Unless good cause is shown at the time of the call of the docket why issue has not been joined,
the case may be dismissed without prejudice for failure to prosecute. If the case is not dismissed,
the court may make such orders as may facilitate prompt and just disposition, including dismissal
of any defendant or defendants as to whom issue is not joined.
When a suit in rem against a vessel has been filed, if service of process is not effected within one year from the date suit is filed, the clerk shall give notice to counsel that the suit is subject to dismissal and thereafter the suit shall be dismissed without prejudice for failure to prosecute unless the plaintiff shows:
A. By affidavit, diligence and continuing efforts to effect service; and
B. By memorandum, the reasons why dismissal will occasion a hardship or injustice (such as the
possibility of a successful defense of laches or statute of limitations).
LR41.3.1E Dismissal for Failure to Provide Notification of Change of Address
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 the court
for the reason of an incorrect address and no correction is made to the address for a period of 30
days.
LR41.3M Dismissal for Failure to Prosecute
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 120 days after filing of the complaint;
B. Where no responsive pleadings have been filed or no default has been entered within 60 days
after service of process, except when FRCvP 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.
Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be allowed 10 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.
Dismissal under this Rule shall be without prejudice. The Order of Dismissal shall allow for reinstatement of the action within 30 days for good cause shown.
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 30 days. [Amended June 28, 2002]
LR41.3W Dismissal for Failure to Prosecute
A civil action may be dismissed by the clerk of court or any judge of this court for lack of
prosecution as follows:
A. Where no service of process has been made within 120 days after filing of the complaint;
B. Where no responsive pleadings have been filed or default has been entered within 60 days
after service of process; 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.
Prior to issuance of a dismissal, notice shall be sent to the plaintiff, and plaintiff shall be allowed 10 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 clerk may dismiss the civil action. If a timely response is filed, a district judge or magistrate judge may order additional time within which to take action, dismiss the civil action without prejudice or make any other appropriate order.
Dismissal under this rule shall be without prejudice unless delay has resulted in prejudice to an opposing party. The Order of Dismissal shall allow for reinstatement of the civil action within 30 days for good cause shown.
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 the court for the reason of an incorrect address and no correction is made to the address for a period of 30 days. [Amended December 11, 2001]