Is a plaintiff's failure to respond to an ultimatum from a court to amend or indicate to the court that he will not do so properly met with a Rule 41(b) dismissal?
MultiRegion, United States of America
The following excerpt is from Acosta v. Servin, Case No. 20cv2225-MMA-MSB (S.D. Cal. 2021):
to respond to the court's ultimatum-either by amending the complaint or by indicating to the court that [he] will not do so-is properly met with the sanction of a Rule 41(b) dismissal." Edwards v. Marin Park, 356 F.3d 1058, 1065 (9th Cir. 2004).
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