· 6/7/1988
Enlace Mercantil Internacional, Inc. v. Senior Industries, Inc.
Citations
- 848 F.2d 315
- 11 Fed. R. Serv. 3d 799
- 1988 U.S. App. LEXIS 7739
- 1988 WL 56385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissal with prejudice for failure to prosecute was \excessive\ in light of \more appropriate\ sanction of conditional dismissal
- factors in Rule 41(b) analysis include \the wasteful expenditure of a significant amount of the district court's time\ and \glaring weaknesses in the plaintiff's case\
- factors in Rule 41(b) analysis include “the wasteful expenditure of a significant amount of the district court’s time” and “glaring weaknesses in the plaintiff’s case”
- dismissal with prejudice for failure to prosecute was “excessive” in light of “more appropriate” sanction of conditional dismissal
- “[D]ismissal should be employed only after the district court has determined that none of the lesser sanctions available to it would truly be appropriate.”
- while plaintiff took eighteen months to serve process, dismissal constituted an abuse of discretion where there was no prejudice to the defendant
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Wisdom, Bownes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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