Farmer et al v. Louisiana Electronic and Financial Crimes Task Force et al

Filing 52

ORDER AND REASONS granting 47 Motion to Dismiss Case and plas' claims are DISMISSED w/prejudice. Signed by Judge Mary Ann Vial Lemmon on 8/10/2012. (cms, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BILLY RAY FARMER III, ET AL.

CIVIL ACTION

VERSUS

NO: 10-2971

LOUISIANA ELECTRONIC AND
FINANCIAL CRIMES TASK FORCE,
ET AL.

SECTION: "S" (3)

ORDER AND REASONS
IT IS HEREBY ORDERED that the Motion to Dismiss for failure to comply with a court
order filed by defendants Toby Aguillard and Marcus McMillian (Doc. #47), is GRANTED, and
plaintiffs’ claims against them are DISMISSED WITH PREJUDICE.
Rule 41(b) of the Federal Rules of Civil Procedure provides that the court may dismiss an
action if the plaintiff fails to prosecute or comply with the Federal Rules of Civil Procedure or any
order of the court. Dismissal under Rule 41(b) “is an inherent power of the court, to be exercised
in the district court’s discretion,” and dismissal with prejudice is proper “when there is a clear record
of dely or contumacious conduct by the plaintiff and lesser sanctions would not serve the interests
of justice.” Ford v. Sharp, 758 F.2d 1018, 1021 (5th Cir. 1985). Factors relevant to this court’s
determination are: “(1) the extent to which the plaintiff, as distinguished from his counsel, was
personally responsible for the delay, (2) the degree of actual prejudice to the defendant, and (3)
whether the delay was the result of intentional conduct.” Id.
This case was filed in the Twenty-First Judicial District Court, Parish of Tangipahoa, State
of Louisiana on June 24, 2010, and removed to the United States District Court for the Eastern
District of Louisiana on September 9, 2010. On December 16, 2011, counsel for plaintiffs and
defendants participated in a preliminary conference with this court’s case manager, after which a

scheduling order was entered into the record. That December 20, 2011, scheduling order provides
that the deadline for the exchange of initial disclosures was January 13, 2012, the deadline for
plaintiffs to serve expert reports on the defendants was April 19, 2012, the deadline for filing witness
and exhibit lists was June 18, 2012.
Plaintiffs have failed to meet any of these deadlines and have not offered any reasonable
explanation for their lapse. This case has been pending for two years, and is set for pretrial
conference on August 16, 2012, and trial on September 10, 2012. Plaintiffs’ failure to comply with
the deadlines set forth in this court’s scheduling order demonstrates a complete disregard for this
court’s procedures and justifies dismissal with prejudice.

10th
New Orleans, Louisiana, this _____ day of August, 2012.

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

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