Dismissal for Failure to Prosecute

Unless good cause is shown in response to the court’s show cause order why issue has not been joined, the case may be dismissed for failure to prosecute pursuant to FRCP 41(b). The court may enter any orders to 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 must give notice to counsel that the suit is subject to dismissal, and thereafter the suit must be dismissed pursuant to FRCP 41(b) 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 cause hardship or injustice (such as the possibility of a successful defense of laches or statute of limitations). [Amended February 1, 2011]