§Why CasetextPricing

Prieto, Prieto, Goan, LLC et al v. SunTrust Bank

RESPONSE TO ORDER TO SHOW CAUSE re Order to show cause

4 Cited authorities

  1. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 24,901 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

  2. Betty K Agencies, Ltd. v. M/V Monada

    432 F.3d 1333 (11th Cir. 2005)   Cited 1,596 times   2 Legal Analyses
    Holding that dismissal with prejudice "is an extreme sanction that may be properly imposed only when: a party engages in a clear pattern of delay or willful contempt . . . and the district court specifically finds that lesser sanctions would not suffice"

  3. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 113,414 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  4. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time