Abe Developments LLC v. Auto-Owners Insurance Company et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Abe Developments LLC, et al.,
Plaintiffs,
v.
Auto-Owners Insurance Company, et al.,
Defendants.
No. CV-25-02792-PHX-KML
ORDER
On January 8, 2026, the court allowed counsel for plaintiff Alvin Yono to withdraw
but ordered Yono to file a statement indicating he would proceed without counsel.
Alternatively, Yono was directed to arrange for replacement counsel to file a notice of
appearance. Yono was given one week to perform either of those tasks. (Doc. 36 at 2.) The
deadline expired with no filing from Yono or counsel. The January 8 order also reminded
Yono he was responsible for filing the parties’ Rule 26(f) Case Management Report no
later than January 19. (Doc. 36 at 1.) No case management report was filed.
On January 20, 2026, defendants filed a motion to dismiss arguing the case has “a
long history . . . of a lack of communication, delays and a failure on the part of Plaintiff to
move this case forward.” (Doc. 41 at 1.) Based on Yono’s alleged refusal to communicate
with defense counsel, defendants argue they are entitled to a dismissal of all claims.
Refusal to comply with court orders is a valid basis to dismiss pending claims. Fed.
R. Civ. P. 41(b). In addition, Local Rule 7.2(i) allows the court to summarily grant a motion
to dismiss when no opposition is filed. It is not clear if Yono still wishes to pursue this
Case 2:25-cv-02792-KML Document 42 Filed 01/22/26 Page 1 of 2

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case, but he has already ignored multiple orders requiring certain actions. If Yono wishes
to pursue this case, he must file a statement explaining his failures to comply with previous
orders. Yono also must file an opposition to the motion to dismiss. This case will be
dismissed if no statement or opposition to the motion to dismiss is filed.
IT IS ORDERED no later than February 6, 2026, plaintiff shall file a statement
explaining his failures to comply with previous deadlines.
IT IS FURTHER ORDERED no later than February 6, 2026, plaintiff shall file
an opposition to the motion to dismiss.
Dated this 22nd day of January, 2026.
Case 2:25-cv-02792-KML Document 42 Filed 01/22/26 Page 2 of 2