Lester, et al v. Percudani, et al

Filing 599

ORDER re: ct's prior order 596 re: pro se pltf Dwayne Thompson - It is hereby ORDERED that: 1. Thompson's claim in Case No. 1:04-CV-0832 is EXTINGUISHED with prejudice for failure to prosecute.; 2. Defts' motion 580 to correct c t's order 555 req'ng pltfs to provide settlement documentation, wherein defts reqeust ct to amend its order to require pltfs' cnsl to provide a release for pltf Dwayne Thompson is DENIED as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/20/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EDDIE and SHARON LESTER, et al.,
Plaintiffs

:
CIVIL ACTION NO. 3:01-CV-1182
:
:
(Chief Judge Conner)
v.
:
:
GENE PERCUDANI, et al.,
:
Defendants
:
-------------------------------------------------------PABLO ACRE, et al.,
Plaintiffs
v.
CHASE MANHATTAN
MORTGAGE CORP., et al.,
Defendants

:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:04-CV-0832
(Chief Judge Conner)

ORDER
AND NOW, this 20th day of March, 2014, upon consideration of the court’s
order (Case No. 3:01-CV-1182, Doc. 596; Case No. 1:04-CV-832, Doc. 429) directing
pro se plaintiff Dwayne Thompson (“Thompson”) to file a response with the court
on or before March 17, 2014, showing cause why his claim should not be
extinguished with prejudice for failure to prosecute, see FED . R. CIV . P. 41(b);
Kenney v. Cal. Tanker Co., 381 F.2d 775, 777 (3d Cir. 1967) (“The authority of a
court to dismiss sua sponte for lack of prosecution has generally been considered an
‘inherent power,’ governed not by rule or statute but by the control necessarily
vested in courts to manage their own affairs so as to achieve the orderly and
expeditious disposition of cases”) (internal citation omitted), and it appearing that
as of the date of this order, Thompson has failed to file such a response, and it

further appearing that dismissal for failure to prosecute is warranted under the six
factors presented in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir.
1994),1 it is hereby ORDERED that:
1.

Thompson’s claim in Case No. 1:04-CV-832 is EXTINGUISHED with
prejudice for failure to prosecute.

2.

Defendants’ motion (Case No. 3:01-CV-1182, Doc. 580; Case No. 1:04CV-832, Doc. 419) to correct the court’s order (Case No. 3:01-CV-1182,
Doc. 555; Case No. 1:04-CV-832, Doc. 411) requiring plaintiffs to
provide settlement documentation, wherein defendants request the
court to amend its order to require plaintiffs’ counsel to provide a
release for plaintiff Dwayne Thompson, is DENIED as moot.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

In determining whether to dismiss Thompson’s action for failure to
prosecute, the court balanced the six Poulis factors: “(1) the extent of the party’s
personal responsibility; (2) the prejudice to the adversary caused by the failure to
meet scheduling orders and respond to discovery; (3) a history of dilatoriness; (4)
whether the conduct of the party or the attorney was willful or in bad faith; (5) the
effectiveness of sanctions other than dismissal, which entails an analysis of
alternative sanctions; and (6) the meritoriousness of the claim or defense.” 747 F.2d
at 868. Thompson’s repeated failure to speak with plaintiffs’ attorneys has greatly
prejudiced defendants and the other plaintiffs by unreasonably delaying final
settlement of this action. There is no viable alternative sanction. Dismissal with
prejudice is warranted.