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· 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 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.