SOFIA L. GONZALEZ
v.
FORT MYERS M AUTOMOTIVE MANAGEMENT, LLC; MAZDA FINANCIAL SERVICES; TOYOTA MOTOR CREDIT CORPORATION; ABS RECOVERY SERVICE INCORPORATED
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The District Court dismissed plaintiff Sofia L. Gonzalez's claims against multiple defendants for failure to prosecute after she failed to comply with two court orders requiring her to file an amended application to proceed in forma pauperis.
The court held that it has the inherent power to dismiss a case for lack of prosecution and that a plaintiff's failure to prosecute diligently, including failure to comply with orders to show cause, can result in dismissal. The plaintiff's claims were accordingly dismissed without prejudice.
“A plaintiff's failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.”
Establishes the standard under M.D. Fla. R. 3.10 for dismissal due to failure to prosecute
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Join FLexlaw to unlock all legal intelligenceThe court issued two orders (Docs. 8 and 15) instructing the plaintiff to file an amended application to proceed in forma pauperis. The plaintiff fail…
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The Court entered two orders instructing Plaintiff to file an amended application to proceed in forma pauperis. (Docs. 8, 15.) These deadlines all passed with no new application. Ignoring the Court’s orders is grounds for dismissal. “A plaintiff’s failure to prosecute diligently can result in dismissal if the plaintiff in response to an order to show cause fails to demonstrate due diligence and just cause for delay.” M.D. Fla. R. 3.10. Similarly, the Court has the “inherent power” to dismiss a case for lack of prosecution under its authority to manage its docket. Link v. Wabash R. Co., 370 U.S. 626, 630-31 (1962). Plaintiff was warned that failure to file an amended application would result in dismissal. (Doc. 15.) Accordingly, it is now ORDERED: 1. Plaintiff's claims are dismissed without prejudice for failure to prosecute. 2. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close the case. ENTERED in Fort Myers, Florida on December 17, 2025.
Kyle C. Dudek [...] _
United States District Judge