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· 3/29/1984

Blumberg v. Jacobs

Citations

  • 102 F.R.D. 633
  • 1984 U.S. Dist. LEXIS 18122

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding dismissal pursuant to FRCP 41(b) proper, in part, where the court warned the plaintiffs that “their continued failure to prosecute diligently this action would result in dismissal pursuant to Fed. R. Civ. P. 41(b)”
  • granting motion to dismiss for lack of prosecution where case had not moved forward in two years since its filing, plaintiff stopped responding to his attorney, and plaintiff failed to take action in months following attorney’s withdrawal
  • dismissing an action for failure to prosecute when there was no action taken in two years the plaintiff did not provide a current address so “any attempt to further warn plaintiffs of their responsibilities . . . would be futile”
  • where “dismissal results from plaintiffs own conduct” plaintiff cannot assert that his right to due process is violated as a result of the dismissal
  • “as this Court has no current address for plaintiffs, any attempts to further warn plaintiffs of their responsibilities and the consequences of their continued failure to prosecute this action would be futile”
  • “In the case at bar, no sanction other than dismissal will suffice. Plaintiffs cannot be contacted by this Court and, therefore, any lesser sanction would be both unenforceable and ineffective in this abandoned action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rice

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.