United States District Court, D. Hawaii
ORDER DISMISSING CASE WITH PREJUDICE
E. Kobayashi United States District Judge
August 10, 2018, pro se Plaintiff Eileen Shavelson
(“Plaintiff”) filed a document titled
“Amended Complaint Requested by Judge Leslie Kobayashi
Aug 8, 2018 per Court Order from 9th Circuit Court of Appeals
San Francisco July 25, 2018 Case 15-16525”
(“Amended Complaint”). [Dkt. no. 68.] In the
Amended Complaint, Plaintiff appears to name Defendants
Constance Demartino, William D. Hoshijo, and Marcus Kawatachi
(“Employee Defendants”), and the Hawai`i Civil
Rights Commission (“HCRC”), along with “the
investigators, supervisors, director and co-director of the
HCRC, in their individual professional capacities.”
[Amended Complaint at 1.
April 10, 2019, the Employee Defendants filed their Motion
for Judgment on the Pleadings (“Motion”), [dkt.
no. 77, ] and on July 17, 2019, this Court issued its order
granting the Motion, and granting Plaintiff leave to file her
second amended complaint by August 16, 2019 (“7/17/19
Order”). [Dkt. no. 87. In the 7/17/19 Order, this Court
warned Plaintiff that: “if she fails to file her second
amended complaint by August 16, 2019, or if
the second amended complaint fails to cure the defects that
this Court has identified in this Order, this Court will
dismiss her claims with prejudice - in other words, without
leave to amend.” [7/17/19 Order at 15 (emphasis in
Plaintiff has neither filed her second amended complaint nor
requested an extension of the August 16, 2019 deadline, this
Court has the discretion to dismiss the Complaint with
prejudice. See Applied Underwriters, Inc. v.
Lichtenegger, 913 F.3d 884, 891-92 (9th Cir. 2019)
(holding that dismissal with prejudice under Fed.R.Civ.P.
41(b) is appropriate if the plaintiff fails to comply with a
court order requiring him to file an amended
complaint); see also Yourish v. Cal.
Amplifier, 191 F.3d 983, 988 (9th Cir. 1999) (holding
that the plaintiff's failure to comply with a minute
order setting forth the deadline to file the amended
complaint gave the district court the discretion to dismiss
the case under Rule 41(b)).
mail that has been sent to Plaintiff's address of record
has been returned as undeliverable since April 2019.
See EO: Court Order Vacating Hearing on Defs.'
Motion for Judgment on the Pleadings, filed 6/12/19
(“6/12/19 EO”) (dkt. no. 82) (noting mail sent to
Plaintiff was returned as undeliverable) at 1. This
Court's courtroom manager attempted to contact Plaintiff
through her phone number of record regarding the issues with
her address, but Plaintiff has failed to respond.
[Id.] Further, Plaintiff was warned that
A pro se party shall . . . file and serve on all
other parties who have appeared in the action any change of
address, and the effective date of the change. The notice
required by this rule shall be filed within fourteen (14)
days of the change. Failure to comply with this rule may
result in sanctions, including but not limited to monetary
fines, dismissal of the case, or entry of a judgment.
Id. at 1-2 (quoting Local Rule LR83.1(h)). Plaintiff
is required to “abide by all local, federal, and other
applicable rules and/or statutes, ” even though she is
pro se. See Local Rule LR83.13.
weighing the five dismissal factors set forth in Dreith
v. Nu Image, Inc., 648 F.3d 779, 788 (9th Cir. 2011),
Court finds that the public interest in the expeditious
resolution of this litigation and this Court's interest
in managing the docket strongly outweigh the policy favoring
disposition of cases on the merits. Moreover, the Employee
Defendants will not be prejudiced by the dismissal, and there
are no less drastic alternatives available at this time.
foregoing reasons, all of Plaintiff's claims in this case
are HEREBY DISMISSED WITH PREJUDICE. This Court DIRECTS the
Clerk's Office to issue judgment in favor of the Employee
Defendants and close the case on September 3,
2019, unless Plaintiff files a timely motion for
reconsideration of this Order as provided for in the Local
 The Amended Complaint does not have
page numbers, therefore all citations refer to the page
numbers assigned by the district court's ...