Ramirez v. Farm Bureau Property & Casualty Insurance Company et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Abelardo Ramirez,
Plaintiff,
v.
Farm Bureau Property & Casualty Insurance
Company, et al.,
Defendants.
No. CV-25-00736-PHX-KML
ORDER
The case management order required the parties file a notice of readiness for trial
no later than December 8, 2025. (Doc. 10.) The parties did not file that notice and on
December 10, 2025, the court ordered the parties to file their notice no later than December
17, 2025. (Doc. 15.) Again the parties did not file a notice or any other document. The
record shows neither party is willing to comply with court orders or otherwise prosecute
this case.
“In determining whether to dismiss an action for lack of prosecution,” 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
sanctions.” Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988) (simplified). Here, the first
and second factors support dismissal. The court has no information on the third factor
regarding possible prejudice to the defendant because defendant has also refused to comply
with court orders. On the fourth factor, it would be preferable to resolve this case on its
Case 2:25-cv-00736-KML Document 16 Filed 12/23/25 Page 1 of 2

- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
merits, but the parties’ refusal to respond to court orders makes that impossible. On the
fifth factor, the only “less drastic sanction[]” available is dismissal without prejudice.
Given the limited information available and considering the various factors, dismissal
without prejudice is appropriate.
IT IS ORDERED this case is DISMISSED WITHOUT PREJUDICE. The Clerk
of Court shall enter judgment and close this case.
Dated this 23rd day of December, 2025.
Case 2:25-cv-00736-KML Document 16 Filed 12/23/25 Page 2 of 2