DISMISSAL OF ADVERSARY PROCEEDING

U.S. Bankruptcy Court for the Central District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Central District of California

Rule: 7041-1

Jurisdiction: CACDB

Bluebook Citation: Bankr. C.D. Cal. R. 7041-1

All Rules: Bankr. C.D. Cal. Local Bankruptcy Rules, complete index


Text

(a) (b) Dismissal for Want of Prosecution. A proceeding that has been pending for an unreasonable period of time without any action having been taken therein may be dismissed for want of prosecution upon notice and opportunity to request a hearing pursuant to LBR 9013-1(o). Dismissal for Failure to Appear. If a party fails to appear at the noticed hearing of a motion, a status conference, a pretrial conference or trial of the proceeding, the court may make such orders in regard to the failure as are just, including dismissal of the matter for want of prosecution.

Unless the court provides otherwise, any dismissal pursuant to this rule is without prejudice. 98 LBR 7054-1 (c) (d) Reinstatement - Sanctions. If any proceeding dismissed pursuant to this rule is reinstated, the court may impose such sanctions as it deems just and reasonable. Notice of Dismissal.

The clerk will provide to all parties to the proceeding notice of entry of any order dismissing a proceeding under this rule.

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