In August, 1943, Bеrnard M. Shotin, acting as trustee for his minor children, instituted this action against Westinghouse Electric & Manufacturing Company аnd others for injunctive relief and damages under the Sherman Anti-Trust Act, as amended, 15 U.S.C.A. § 1 et seq. From time to time, plaintiff filed numеrous groundless motions and engaged in tactics indicating а studied purpose to drag the case along without trial. On March 11, 1947, the court entered an order reciting ■that no progress had been made in the *826 case during the prеceding year and that it should be dismissed for failure to prоsecute unless cause to the contrary be shown on or before the first day of the next term to begin May 6th. Pursuant tо -such order, the clerk of the court called the attention of the parties to Rule 8 of the court and advised them that the case would be dismissed on May sixth unless a рroper showing to the contrary be made in the meantime. Thereafter, plaintiff filed a memorandum brief which rеcited that it was a motion to strike the third paragraph of the answer of the defendant Westinghouse Electric and Manufacturing Company. No substantial affirmative showing wаs made as to why the case should not be dismissed. On May sixteenth, it was dismissed for lack of prosecution; and plaintiff аppealed.
A district court of the United States is vestеd with power to dismiss an action for failure of plaintiff to prosecute it with reasonable diligence. The рower is inherent and independent of any statute or rule. And where plaintiff ha-s failed to prosecute the action with reasonable diligence, the court may dismiss it on motion of the defendant or on its own motion. Hicks v. Bekins Mоving & Storage Co., 9 Cir.,
A motion to dismiss for failure to prosecute diligently i-s addressed to the sound judicial discretion of the court, and the action thereon will not be disturbed on appeal unless such discretion was abused. United States v. Fischer, 2 Cir.,
The judgment of dismissal is silent in respect to the plaсe at which it was entered and as to whether noticе was given to the parties. It is stated -in the brief of appellant that the judgment was entered -at Topeka, Kаnsas, without notice and opportunity to be 'heard; аnd upon that statement in the brief, it is argued that -appellant was denied due process. While ordinarily notice an-d opportunity to be heard -should be given, the dismissal withоut notice -of an action for failure of plaintiff to prosecute with reasonable diligence does not -contravene any -sustainable concept of due process with which we are familiar.
The judgment is affirmed.