· 7/25/2013
John Carpenter v. City of Flint
Citations
- 723 F.3d 700
- 2013 WL 3821536
- 2013 U.S. App. LEXIS 15102
- 97 Empl. Prac. Dec. (CCH) 44,882
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that, although there was good cause to impose sanctions, the district court should have imposed a lesser sanction before resorting to dismissal
- noting that the court’s two prior warnings to the plaintiff that his failure to comply with the local rules could result in sanctions weighed in favor of dismissal
- noting that the court’s two prior warnings to the plaintiff that his failure to comply with the local rules could result in sanctions weighed in favor of dismissal
- opining that, although defendant “asserts that delays will make it difficult to secure relevant records and witnesses with sufficient memory of the events at issue, these assertions are unsupported by any specific details or evidence.”
- finding “delayed filings and violations of local rules” insufficient to “demonstrate a clear record of contumacious conduct warranting dismissal with prejudice”
- finding no prejudice even when plaintiffs noncompliance forced defendants to file two three-page motions to strike, contact plaintiffs counsel about a stipulation, and respond to a show-cause order
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Griffin, Sargus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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