Robert Schenck v. Bear, Stearns & Co., Inc., Merkin & Co., Inc., Gac Properties Credit, Inc. And Gac, Inc.

How courts have described this case

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

• finding abuse of discretion in sua sponte dismissal where inter alia there was no request for dismissal, no pre-trial conference, and no “judicial participation indicating that a dismissal might be in the offing.”
• finding abuse of discretion in sua sponte dismissal where inter alia there was no request for dismissal, no pre-trial conference, and no \judicial participation indicating that a dismissal might be in the offing.\
• no request for dismissal had been made and no judicial participation indicating that a dismissal might be in the offing
• no request for dismissal had been made and no judicial participation indicating that a dismissal might be in the offing.
• dismissal sua sponte for failure to prosecute where case is only 13 months old and plaintiff's newly-appointed counsel indicated a willingness to proceed constitutes an abuse of discretion
• “The law is clear. The district court has the power to dismiss for failure to prosecute, on its own motion.”

Source: CourtListener parenthetical corpus (CC0).