1:23-cv-00223•Nemani v. City & County of Honolulu, Honolulu Police Department et al
Nemani v. City & County of Honolulu, Honolulu Police Department et al
1:23-cv-00223Hid25 feb 2026
Testo completo
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ANNAPURNA NEMANI, Plaintiff, vs. CITY & COUNTY OF HONOLULU, ET AL., Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 23-00223 SASP-KJM FINDINGS AND RECOMMENDATION TO DISMISS PLAINTIFF ANNAPURNA NEMANI’S THIRD AMENDED COMPLAINT FOR FAILURE TO PROSECUTE FINDINGS AND RECOMMENDATION TO DISMISS PLAINTIFF ANNAPURNA NEMANI’S THIRD AMENDED COMPLAINT FOR FAILURE TO PROSECUTE On May 24, 2023, Plaintiff Annapurna Nemani (“Plaintiff”), proceeding pro se, filed her original Complaint. ECF No. 1. On April 29, 2025, Plaintiff filed a Third Amended Complaint, which is the operative pleading in this case. ECF No. 85; see also ECF No. 92 at 28. The Court scheduled a Final Pretrial Conference for January 29, 2026, at 9:30 a.m. ECF No. 107 at 3 ¶ 12. Plaintiff failed to appear at the Final Pretrial Conference. ECF No. 120. In addition, Plaintiff failed to submit a Final Pretrial Conference Statement, as required by Rule 16.4 of the Local Rules of Practice for the United States District Court for the District of Hawaii. LR16.4(b); see also ECF No. 107 at 3 ¶ 13. Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 1 of 6 PageID.<pageID>
2 On January 30, 2026, this Court issued an Order to Show Cause (“01/30/2026 OSC”), which ordered Plaintiff to show cause “in writing, by February 9, 2026, why she should not be sanctioned for failure to file a Final Pretrial Conference Statement and failure to appear at the Final Pretrial Conference.” ECF No. 121 at 2. On February 9, 2026, Defendants City and County of Honolulu and Ashley Mae Nuesca filed a Position Statement Regarding the 01/30/2026 OSC. ECF No. 122. On February 13, 2026, Plaintiff belatedly filed a document that, in part, addressed the 01/30/2026 OSC (“02/13/2026 Filing”). ECF No. 132. That same day, based on Plaintiff’s explanation of her personal circumstances in the 02/13/2026 Filing, the Court issued an entering order directing Plaintiff to file a Final Pretrial Conference Statement by February 23, 2026 (“02/13/2026 EO”). ECF No. 133. The Court also stated that it would hold the 01/30/2026 OSC in abeyance in the meantime. Id. In addition, the Court gave the following warning: “If Plaintiff fails to file a final pretrial statement, the Court will find and recommend that the district court dismiss the case.” Id. On February 23, 2026, Plaintiff filed a “‘FINAL STATEMENT,’ AND OPPOSITION (WITH CAUSE) TO DISMISSAL” (“02/23/2026 Filing”). ECF No. 136. The 02/23/2026 Filing addresses, among other things, the 02/13/2026 EO. The Court finds, however, that even liberally construed, the 02/23/2026 Filing cannot serve as Plaintiff’s Final Pretrial Conference Statement. Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 2 of 6 PageID.<pageID>
3 As the Court explained in the 01/30/2026 OSC, “[t]he Final Pretrial Conference Statement is a significant document that directs the parties to provide 22 categories of information to the court and other parties, including the alleged basis for jurisdiction, witnesses to be called, exhibits, outstanding discovery or motions, status of settlement discussions, and estimated length of trial.” ECF No. 121 at 1. Plaintiff does not address any of these categories in her 02/23/2026 Filing. Rather, Plaintiff, among other things, reiterates and elaborates on the personal circumstances she previously explained in the 02/13/2026 Filing. “It is within the inherent power of the court to sua sponte dismiss a case for lack of prosecution.” Ash v. Cvetkov, 739 F.2d 493, 496 (9th Cir. 1984) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)); see also Pagano v. OneWest Bank, F.S.B., CV. No. 11-00192 DAE-RLP, 2012 WL 74034, at *6 (D. Haw. Jan. 10, 2012) (citing Link, 370 U.S. at 629–31 (“The power to invoke this sanction is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars of the District Courts.”)). The court must weigh five factors to determine whether to dismiss a case for lack of prosecution or failure to comply with a court order: (1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its docket; (3) the risk of prejudice to the defendant; (4) the availability of less drastic alternatives; and (5) the public policy favoring the disposition of cases on their merits (collectively, the “Pagtalunan factors”). Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002) Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 3 of 6 PageID.<pageID>
4 (citing Ferdik v. Bonzelet, 963 F.2d 1258, 1260–61 (9th Cir. 1992)). For the reasons discussed below, the Court finds that dismissal of the Third Amended Complaint is appropriate given Plaintiff’s failure to prosecute. First, the public’s interest in expeditious resolution of this litigation weighs in favor of dismissal because this case has been pending since May 2023, and Plaintiff has failed to comply with basic requirements to proceed to trial. See In re Phenylpropanolamine (PPA) Prods. Liab. Litig., 460 F.3d 1217, 1234 (9th Cir. 2006) (finding that the district court did not abuse its discretion in dismissing cases after concluding, in part, that such cases “had been pending for close to, or over, a year without forward movement, and that such lack of diligence does not serve the public interest in expeditious resolution of litigation”). Second, the Court’s need to manage its docket weighs strongly in favor of dismissal. Plaintiff’s failure to attend the January 29, 2026 Final Pretrial Conference and comply with submission deadlines has interfered with the Court’s ability to manage its docket and wasted the Court’s time. In addition, “[i]t is incumbent upon the Court to manage its docket without being subject to routine noncompliance of litigants.” Pagtalunan, 291 F.3d at 642 (citation omitted). Third, the risk of prejudice to the defendants weighs strongly in favor of dismissal. The defendants’ attorney appeared at the January 29, 2026 Final Pretrial Conference and has taken steps (such as filing motions in limine) to prepare for trial. See ECF Nos. 120, 123–30. The defendants also filed a Motion for Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 4 of 6 PageID.<pageID>
5 Summary Judgment, which is pending with the district court. ECF No. 109. Given the resources the defendants have expended to defend against Plaintiff’s claims up to this point, they will suffer prejudice if this case continues without Plaintiff’s meaningful participation. Plaintiff’s intermittent absence and inaction preclude a timely resolution of the case for the defendants. See Pagtalunan, 291 F.3d at 642 (citing Malone v. United States Postal Serv., 833 F.2d 128, 131 (9th Cir. 1987)). Fourth, less drastic sanctions are not appropriate. The Court sympathized with the circumstances Plaintiff explained in her 02/13/2026 Filing. The Court thus granted Plaintiff another opportunity to satisfy her obligation to file a Final Pretrial Conference Statement. Rather than take that opportunity, though, Plaintiff chose to file a document that does not relate in any way to trial preparation. Simply put, although the Court warned Plaintiff in the 02/13/2026 EO that this Court would find and recommend dismissal if Plaintiff failed to file a Final Pretrial Conference Statement, Plaintiff has made it clear that she does not intend to comply with court deadlines or orders. This fourth factor thus weighs strongly in favor of dismissal. Fifth, the Court acknowledges that public policy favors disposition of cases on their merits. Dreith v. Nu Image, Inc., 648 F.3d 779, 788 (9th Cir. 2011) (citation omitted). Thus, this final factor weighs against dismissal. This Court finds, however, that because four of the factors weigh in favor of dismissal, this Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 5 of 6 PageID.<pageID>
6 factor is outweighed. Malone, 833 F.2d at 133 n.2. Accordingly, dismissal is appropriate. In addition, because three of the five Pagtalunan factors strongly weigh in favor of dismissal, the Court recommends that the district court dismiss the Third Amended Complaint with prejudice. See In re Lagmay, CIV. NO. 15-00166 DKW/RLP, 2015 WL 5970667, at *2 (D. Haw. Oct. 13, 2015) (stating that dismissal with prejudice is appropriate when at least three of the Pagtalunan factors weighed “strongly” in support of dismissal), aff’d sub nom., Lagmay v. Nobriga, No. 15-17068, 2016 WL 7407294 (9th Cir. Dec. 22, 2016). IT IS SO ORDERED. DATED: Honolulu, Hawaii, February 25, 2026. Nemani v. City & Cnty. of Honolulu, et al., Civil No. 23-00223 SASP-KJM; Findings and Recommendation to Dismiss Plaintiff Annapurna Nemani’s Third Amended Complaint with Prejudice Case 1:23-cv-00223-SASP-KJM Document 137 Filed 02/25/26 Page 6 of 6 PageID.<pageID>
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