Supreme Court Affirms Dismissal for Failure to Prosecute

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Saipan, CNMI – On October 14, 2025, the Supreme Court affirmed the Superior Court’s order granting Long Feng Corporation and Guo Wu Li’s Rule 41(b) motion to dismiss. The dismissal was based on the appellants’ failure to prosecute their case.

The dispute began in March 2018, when DS Corporation and Dae Sun Eo filed a lawsuit seeking to evict Long Feng Corporation and Guo Wu Li from a commercial building. However, by December 2022, the case had stalled significantly. The trial court ordered the plaintiffs to appear at a hearing with legal counsel, warning that failure to do so could result in dismissal.

Despite the warning, the plaintiffs did not appear with counsel, and in July 2023, the trial court dismissed the case under Rule 41(b) for failure to prosecute.

In reviewing the dismissal, the Supreme Court applied the five-factor test commonly used to evaluate Rule 41(b) motions:

• The public’s interest in expeditious resolution of litigation

• The court’s need to manage its docket

• The risk of prejudice to the defendants

• The public policy favoring decisions on the merits

• The availability of less drastic sanctions

The Court found that all five factors supported dismissal, noting that the plaintiffs had taken no substantive action for over three years—aside from changing attorneys—and had failed to attend mandatory hearings. As a result, the Supreme Court concluded that the trial court had not abused its discretion.

Additionally, the Supreme Court reiterated the importance of the Superior Court Clerk of Court issuing a separate judgment document once a court order is made. When a judgment is not entered separately, parties must wait 150 days before an appeal can be transmitted to the Supreme Court. This delay unnecessarily prolongs the litigation process and undermines judicial efficiency.

The full opinion can be read on the Law Revision Commission website: https://cnmilaw.org/pdf/supreme/2025-MP-08.pdf

2025-PR-016

FOR IMMEDIATE RELEASE

October 14, 2025

This press release has been prepared by court staff for the convenience of the public. For further information, contact the Supreme Court at Supreme.Court@NMIJudiciary.gov