Hutchens v. United States

How courts have described this case

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

• noting that “an earlier lack of diligence is not grounds for dismissal when the plaintiff is currently displaying diligence”
• reversing dismissal for failure to prosecute where plaintiffs did not violate any court orders or miss deadlines
• “The drastic nature of a dismissal with prejudice requires the action to be used only in extreme situations .... ”
• replacement of an older employee with a substantially 9 younger employee is circumstantial evidence of age discrimination
• first quoting Santos v. Gates, 287 F.3d 846, 851 (9th Cir. 2002); 9 then quoting El-Hakem v. BJY Inc., 415 F.3d 1068, 1072 (9th Cir. 2005)
• “Certainly the wiser course of action would have been to keep the district court advised of the existence and status of settlement negotiations; had the plaintiff-appellant done so, in all likelihood it would not be here today.”

Source: CourtListener parenthetical corpus (CC0).