· 10/9/1991
Randall D. Carver v. Bobby Bunch and Betty Bunch
Citations
- 946 F.2d 451
- 1991 U.S. App. LEXIS 23618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, instead of granting an unopposed motion to dismiss simply because it is unopposed, the court must determine whether the movant has discharged its burden
- holding that the “movant” of a motion to dismiss has the “burden” of demonstrating the plaintiff’s “failure to state a claim” (citing FED. R. CIV. P. 12(b)(6))
- holding that failure to respond is not an independent basis to dismiss a case
- stating that Rule 41(b) “authorizes the district court to dismiss a plaintiff’s action for failure to prosecute”
- stating that Rule 41(b) “authorizes the district court to dismiss a plaintiff’s action for failure to prosecute”
- stating that Rule 41(b) “authorizes the district court to dismiss a plaintiff’s action for failure to prosecute”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Martin, Krupansky
Read full opinion on CourtListenerSourced 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.