16 Cited authorities

Link v. Wabash Railroad Co.
370 U.S. 626 (1962) Cited 24,565 times 4 Legal Analyses
Holding 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
Nat'l Hockey League v. Met. Hockey Club
427 U.S. 639 (1976) Cited 2,807 times 2 Legal Analyses
Holding that dismissal was proper sanction under Rule 37 where respondents failed to answer interrogatories for seventeen months
Poulis v. State Farm Fire and Cas. Co.
747 F.2d 863 (3d Cir. 1984) Cited 3,429 times 1 Legal Analyses
Holding that imposing excess costs, including attorneys' fees, caused by unjustified attorney conduct or delay during the pretrial process on the attorney responsible is the "preferable sanction"
Ware v. Rodale Press, Inc.
322 F.3d 218 (3d Cir. 2003) Cited 1,277 times
Holding that "irremediable harm" is not required
Adams v. Trustees, N.J. Brewery Trust Fund
29 F.3d 863 (3d Cir. 1994) Cited 874 times
Holding that "[e]xtensive or repeated delay or delinquency constitutes a history of dilatoriness"
Mindek v. Rigatti
964 F.2d 1369 (3d Cir. 1992) Cited 858 times
Finding it is not necessary that all of the factors point toward a default before that sanction will be upheld
Hoxworth v. Blinder, Robinson Co., Inc.
980 F.2d 912 (3d Cir. 1992) Cited 718 times 1 Legal Analyses
Holding plaintiffs entitled to presumption of reliance because of defendants' nondisclosure of pricing policy
Scarborough v. Eubanks
747 F.2d 871 (3d Cir. 1984) Cited 360 times
Holding that where an attorney filed all required papers, albeit in an untimely manner, his conduct was not willful or contumacious
Knoll v. City of Allentown
707 F.3d 406 (3d Cir. 2013) Cited 128 times
Holding that Poulis does not apply in the post-trial context
Donnelly v. Johns-Manville Sales Corp.
677 F.2d 339 (3d Cir. 1982) Cited 242 times 1 Legal Analyses
Holding that Rule 41(b) authorizes "sua sponte dismissals by court . . . on the same basis as it authorizes dismissals upon motion of defendant"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 112,111 times 198 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

John Doe And Jane Doe v. Ahs Hospital Corp. et al

16 Cited authorities

Holding 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

Holding that dismissal was proper sanction under Rule 37 where respondents failed to answer interrogatories for seventeen months

Holding that imposing excess costs, including attorneys' fees, caused by unjustified attorney conduct or delay during the pretrial process on the attorney responsible is the "preferable sanction"

Holding that "irremediable harm" is not required

Holding that "[e]xtensive or repeated delay or delinquency constitutes a history of dilatoriness"

Finding it is not necessary that all of the factors point toward a default before that sanction will be upheld

Holding plaintiffs entitled to presumption of reliance because of defendants' nondisclosure of pricing policy

Holding that where an attorney filed all required papers, albeit in an untimely manner, his conduct was not willful or contumacious

Holding that Poulis does not apply in the post-trial context

Holding that Rule 41(b) authorizes "sua sponte dismissals by court . . . on the same basis as it authorizes dismissals upon motion of defendant"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that such dismissal "operates as an adjudication on the merits"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"