§Why CasetextPricing

Williams et al v. LA Quinta Developement Partners, L.P. et al

MOTION to Dismiss for Lack of Prosecution

12 Cited authorities

  1. Mulbah v. Detroit Bd. of Education

    261 F.3d 586 (6th Cir. 2001)   Cited 445 times
    Finding that the plaintiff was not culpable under the first factor because the record lacked evidence showing that the plaintiff had either failed to respond to discovery requests or had acted in contempt of a court order compelling cooperation with such requests

  2. Bessemer Lake Erie v. Seaway Marine Trans

    596 F.3d 357 (6th Cir. 2010)   Cited 129 times
    Holding that district court did not abuse its discretion in granting summary judgment on a lost profits claim because it had no evidence of lost profits left to consider

  3. Taylor v. Medtronics, Inc.

    861 F.2d 980 (6th Cir. 1988)   Cited 64 times   1 Legal Analyses
    Finding prejudice where "the dilatory tactics of the plaintiffs effectively prevented the defendants from engaging in further discovery after the deposition because of the close proximity of the trial date."

  4. Schreiber v. Moe

    320 F. App'x 312 (6th Cir. 2008)   Cited 17 times

    No. 06-2414. November 5, 2008. On Appeal from the United States District Court for the Western District of Michigan. BEFORE: KENNEDY, BATCHELDER, and GRIFFIN, Circuit Judges. KENNEDY, Circuit Judge. Plaintiff-Appellant James Schreiber appeals the district court's order dismissing the remaining count of his complaint as a sanction for his counsel's failure to file a pre-trial memorandum and to attend the final pre-trial conference. Schreiber also appeals the district court's order granting partial

  5. Meles v. Avalon Health Care, LLC

    Case No. 3:14-cv-1487 (M.D. Tenn. Sep. 22, 2015)   Cited 2 times

    Case No. 3:14-cv-1487 09-22-2015 ALEM MELES, Plaintiff, v. AVALON HEALTH CARE, LLC, d/b/a Trevecca Health Care, Defendant. Judge Aleta A. Trauger MEMORANDUM Pending before the court are two motions filed by the defendant Avalon Health Care, LLC, d/b/a Trevecca Health Care ("Trevecca"): 1) a Motion to Dismiss (Docket No. 18), to which the plaintiff, Alem Meles, has filed a Response in opposition (Docket No. 25), and Trevecca has filed a Reply (Docket No. 27); and 2) a Motion for Summary Judgment (Docket

  6. Hays v. Wharton

    No. 11-2193-JDT-tmp (W.D. Tenn. Jul. 16, 2014)

    No. 11-2193-JDT-tmp 07-16-2014 ANTHONY-DECARLO HAYS, SR., Plaintiff, v. A. C. WHARTON, et al., Defendants. JAMES D. TODD ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FOR DISMISSAL AND CERTIFYING THAT AN APPEAL WOULD NOT BE TAKEN IN GOOD FAITH On July 1, 2014, Magistrate Judge Tu M. Pham issued a report and recommendation [DE# 63] that Defendants' motion to dismiss for failure to prosecute [DE# 61] be granted. Plaintiff has filed objections to the report and recommendation [DE# 64]

  7. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 116,268 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  8. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,772 times   689 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  9. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,857 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  10. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 48,292 times   336 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  11. Section 2000c - Definitions

    42 U.S.C. § 2000c   Cited 180 times

    As used in this subchapter- (a) "Secretary" means the Secretary of Education. (b) "Desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, sex or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance. (c) "Public school" means any elementary or secondary educational institution, and "public college" means any institution of higher education

  12. Section 261 - Applicability of "area of production" regulations

    29 U.S.C. § 261   Cited 51 times

    No employer shall be subject to any liability or punishment under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], on account of the failure of such employer to pay an employee minimum wages, or to pay an employee overtime compensation, for or on account of an activity engaged in by such employee prior to December 26, 1946, if such employer- (1) was not so subject by reason of the definition of an "area of production", by a regulation of the Administrator of the Wage and