RIOUX v. GREENE et al

Filing 34

MEMORANDUM ORDER granting in part and denying in part 27 Defendants' Motion for Sanctions. The motion is granted as follows: this action is dismissed for failure to prosecute in a timely manner. Defendants' request for monetary costs in addition to the sanction of dismissal is denied. All as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 2/23/17.(mwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SANDRA BELLE RIOUX,
Plaintiff,
v.
THOMAS GREENE and JOSEPH
STEPANSKY, JOSHUA ALFER,
BRIAN MORRIS, and unknown
McKeesport Officers,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

2:14cv1670
Electronic Filing

MEMORANDUM ORDER
AND NOW, this 23rd day of February, 2017, upon due consideration of defendants'
motion for sanctions and the record as developed to date, IT IS ORDERED that [27] defendants'
motion for sanctions be, and the same hereby is, granted in part as follows: this action is
dismissed for failure to prosecute in a timely manner. A balancing of all relevant factors
identified in Poulis v. State farm Fire and Casualty Co., 747 F.2d 863 (3d Cir. 1984), leads
inescapably to the determination that such relief is warranted. Defendants' request for monetary
costs in addition to the sanction of dismissal is denied.

s/David Stewart Cercone
David Stewart Cercone
United States District Judge
cc:

Erik M. Yurkovich, Esquire
Thomas P. McGinnis, Esquire
Karin M. Romano, Esquire
Jeffrey D. Truitt, Esquire
(Via CM/ECF Electronic Mail)