Phyllis Zagano v. Fordham University and George N. Gordon

How courts have described this case

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

• observing that, upon denial of plaintiffs motion to dismiss action without prejudice, plaintiff “was obliged to go to trial, failing which involuntary dismissal for failure to prosecute [was] appropriate” (internal quotation marks omitted; alteration in original)
• deeming plaintiffs desire to abandon her claims on the eve of trial as “evidence that she was perfectly happy to have the lawsuit out there until all of a sudden she had to do something with it”
• the adequacy of the plaintiffs’ explanation for a need to dismiss is the fourth factor to be considered by courts when deciding a motion brought pursuant to Fed.R.Civ.P. 41(a)(2)
• “Because we remand for reconsideration of step 16 three, we do not reach the other arguments raised.”
• ʺIt is beyond dispute that a district court may dismiss a case under Rule 41(b
• “It is beyond dispute that a district court may dismiss a case under Rule 41(b) when the plaintiff refuses to go forward with a properly scheduled trial.”

Source: CourtListener parenthetical corpus (CC0).