Sarker v. Citigroup, Inc.

Summary

The United States District Court for the District of New Jersey dismisses Shorab Sarker’s claims against Citigroup, Inc. with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with court orders. The court concludes that the applicable Poulis factors weigh in favor of dismissal after Sarker failed to initiate binding arbitration and failed to comply adequately with an order to show cause.

Holdings

1. Dismissal with prejudice was warranted because Plaintiff failed to prosecute his action and failed to comply with the court's orders compelling him to initiate binding arbitration and requiring him to show cause.
2. A pro se plaintiff bears personal responsibility for complying with court orders, and repeated refusal to obey orders compelling arbitration may establish willful noncompliance supporting dismissal.

Questions Presented

1. Whether the Complaint should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute the action and failed to comply with orders compelling him to initiate arbitration.
2. Whether the Poulis factors supported dismissal as a sanction for Plaintiff's noncompliance.

Disposition

dismissed