Link v. Wabash Railroad Co.
370 U.S. 626 (1962) Cited 23,931 times 4 Legal AnalysesHolding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte
In re Guidant Corp.
496 F.3d 863 (8th Cir. 2007) Cited 1,449 times 1 Legal AnalysesHolding that the movant's delay was prejudicial to non-movant where the delay hindered the non-movant's investigation of the case and thereby gave an unfair advantage to the movant
Arthur v. King
500 F.3d 1335 (11th Cir. 2007) Cited 886 timesHolding that district court properly declined to consider unsworn affidavit filed in support of plaintiff's motion to alter or amend judgment
Michael Linet, Inc. v. Village of Wellington
408 F.3d 757 (11th Cir. 2005) Cited 785 timesHolding that parties "cannot use a Rule 59(e) motion to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment"
Sanderlin v. Seminole Tribe of Florida
243 F.3d 1282 (11th Cir. 2001) Cited 149 timesHolding no waiver by officer when tribal charter reserved sovereign immunity waiver "pursuant to a resolution duly enacted by the Tribal Council"
In re Davenport
342 B.R. 482 (Bankr. S.D. Tex. 2006) Cited 9 timesCase No. 03-38089-H4-11, Adv. No. 04-03618. May 10, 2006. Michael M. Essmyer, Essmyer Tritico, Houston, TX, for plaintiff. MEMORANDUM OPINION ON: (1) THE DEFENDANT'S MOTION TO ENLARGE TIME TO FILE NOTICE OF APPEAL; AND (2) THE PLAINTIFF'S MOTION TO STRIKE/DISMISS DEFENDANT'S MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL AND REQUEST FOR EVIDENTIARY HEARING JEFF BOHM, Bankruptcy Judge. I. INTRODUCTION On March 31, 2006, this Court held a hearing (the Hearing) on: (1) the Motion of pro se Defendant
IN RE SULZER HIP PROSTHESIS
Case No. 1:01-CV-9000, (MDL Docket No. 1401) (N.D. Ohio Mar. 14, 2006) Cited 1 timesCase No. 1:01-CV-9000, (MDL Docket No. 1401). March 14, 2006 MEMORANDUM AND ORDER KATHLEEN O'MALLEY, District Judge As explained at length in an Order dated October 18, 2005 (" October Injunction Order," docket no. 3018), plaintiff class member Susan Kuhn has filed a legal malpractice action in Texas state court against her former attorney, Tommy Jacks. In the October Injunction Order, the Court granted motions by Jacks and defendant Sulzer Orthopedics, Inc. for permanent injunctive relief, prohibiting
Mehler v. Daytona Beach Health Rehabilitation
Case No. 6:06-cv-936-Orl-31DAB (M.D. Fla. Feb. 20, 2007)Case No. 6:06-cv-936-Orl-31DAB. February 20, 2007 ORDER GREGORY PRESNELL, District Judge This cause comes before the Court on the Magistrate Judge's Notice to Show Cause (Doc. No. 26) filed December 8, 2006. On January 23, 2007, the United States Magistrate Judge issued a report (Doc. No. 30) recommending that no sanctions be imposed but that counsel for Plaintiff admonished for his lack of diligence and candor. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 48,961 times 24 Legal AnalysesHolding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,335 times 322 Legal AnalysesHolding that a party may be barred from using a witness if it fails to disclose the witness
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,715 times 67 Legal AnalysesAllowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,266 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Rule 33 - Interrogatories to Parties
Fed. R. Civ. P. 33 Cited 10,976 times 22 Legal AnalysesAdopting Rule 30(b)