Skip to main content
· 4/15/2011

Peterson v. Archstone Communities LLC

Citations

  • 637 F.3d 416
  • 394 U.S. App. D.C. 482
  • 111 Fair Empl. Prac. Cas. (BNA) 1772
  • 79 Fed. R. Serv. 3d 658
  • 2011 U.S. App. LEXIS 7736

How courts have described this case

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

  • noting that district courts have discretion to dismiss actions for failure to prosecute provided that they explain why dismissal is necessary under the circumstances of the case
  • emphasizing the importance of trying \less dire alternatives\ before imposing the harsh sanction of dismissal
  • noting “other intermediate alternatives” that a district court had “at its disposal” in lieu of dismissal for failure to prosecute
  • allowing dismissal only after “less dire alternatives have been tried without success”
  • reversing dismissal after plaintiff failed to appear at a motions hearing because “[t]he court had not previously found [plaintiff] disobedient or dilatory, did not attempt lesser sanctions, and failed to explain why the case-ending sanction of dismissal was necessary”
  • “District courts have inherent power to dismiss a case sua sponte for a plaintiff’s failure to prosecute . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garland, Griffith, Kavanaugh

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.