Jenkins v. Western Alliance Bank et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
John Jenkins,
Plaintiff,
v.
Western Alliance Bank, et al.,
Defendants.
No. CV-24-00152-PHX-JAT
ORDER
On November 4, 2024, the Court ordered Defendant to file a status report by
September 15, 2025. Defendant failed to comply.
On September 25, 2025, the Court ordered: “Defendants and Plaintiff must file a
joint status report by September 29, 2025. If no status report is filed by this deadline,
this case will be dismissed without prejudice. This admonition applies to all required
status reports going forward.” (Doc. 26 at 3 (emphasis added)). The parties filed a status
report on September 29, 2025.
On October 1, 2025, the Court ordered the parties to file a joint status report by
February 13, 2026. (Doc. 28 at 2). The Court further admonished the parties,
“Additionally, as stated in the Order at Doc. 26, if the parties fail to file a status report, this
case will be dismissed.” (Id.). The parties failed to file a status report by February 13,
2026.
The Court has considered the factors in Henderson v. Duncan, 779 F.2d 1421, 1423
(9th Cir. 1986). The Court finds that the factors weigh in favor of dismissal for failure to
Case 2:24-cv-00152-JAT Document 29 Filed 02/18/26 Page 1 of 2

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comply with a court order.1 See Fed. R. Civ. P. 41(b). The Court has attempted, twice, the
less drastic action of warning the parties that they must comply with Court orders, but this
less drastic action has been unsuccessful. The Court’s need to manage its docket and the
public’s interest in expeditious resolution of cases both favor dismissal for the reasons
stated in the Orders at Doc. 16, n. 1, Doc. 26, and 28. See, e.g., Doc. 26 at 2 (“The Court’s
ability to manage its docket is undermined when the parties fail to comply with a Court
order that requires the simple task of timely filing a status report.”).
Based on the foregoing,
IT IS ORDERED lifting the stay in this case.
IT IS FURTHER ORDERED dismissing this case, without prejudice, for failure
to comply with a Court order; the Clerk of the Court shall enter judgment accordingly.
Dated this 18th day of February, 2026.
1 Typically, the factor of “public policy favoring disposition of cases on their merits” does
not favor dismissal. Here, however, this case will be resolved on the merits in arbitration.
Thus, this factor does not weigh against dismissal.
Case 2:24-cv-00152-JAT Document 29 Filed 02/18/26 Page 2 of 2