· 6/26/2008
Schafer v. City of Defiance Police Department
Citations
- 529 F.3d 731
- 2008 U.S. App. LEXIS 13457
- 2008 WL 2520501
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the prejudice factor weighed against dismissal when defendants made only minimal efforts in response to the complaint
- holding that a defendant is prejudiced where it “waste[d] time, money, and effort in pursuit of cooperation which [the plaintiff] was legally obligated to provide”
- noting that courts apply the four-factor test “more stringently in cases where the plaintiff's attorney’s conduct is responsible for the dismissal’”’
- indicating that “the plaintiff’s conduct ‘must display either an intent to thwart judicial proceedings or a reckless disregard for the effect of his conduct on those proceedings’”
- noting that courts may opt for dismissal with prejudice “‘in cases where the plaintiffs attorney’s conduct is responsible for the dismissal’” (quoting Harmon v. CSX Transp., Inc., 110 F.3d 364, 367 (6th Cir. 1997)
- noting that Rule 41(b) “confers on district courts the authority to dismiss an action for failure of a plaintiff to prosecute the claim or to comply with the Rules or any order of the court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, Cook, Cohn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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