Cumming v. Baker

How courts have described this case

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

• finding that the longer the litigation process takes, the less likely it is that critical witnesses will be available
• noting that “Delays of several months have been found to warrant dismissal” and collecting cases
• finding that the plaintiff’s “continuous silence” over a period of approximately seventeen (17) months and in the face of “a direct court order to act[,] [spoke] to her lack of interest in pursuing th[e] action.”
• dismissing when the court set a “clear deadline for [Plaintiff’s] response and, in plain terms, set out the consequence for non-response”
• finding “calendar congestion” outweighs a plaintiff’s opportunity to be heard when the plaintiff has rebuffed opportunities to be heard
• dismissing for failure to prosecute where the plaintiff “has been inaccessible for the past seventeen months”

Source: CourtListener parenthetical corpus (CC0).