Erik Irmiger v. Albertsons Companies, Inc.

Summary

This document is a Notice and Order Regarding Case Management issued by the United States District Court for the District of New Mexico in Irmiger v. Albertsons Companies, Inc. The order advises the pro se plaintiff of obligations concerning compliance with procedural rules, prosecution of the case, service of process, and Rule 11 representations and sanctions.

Holdings

1. A pro se litigant is held to the same standards of professional responsibility as a trained attorney and must comply with the Federal Rules of Civil Procedure and the Local Rules.
2. Plaintiff has an obligation to prosecute the case and comply with the Federal Rules of Civil Procedure, the Local Rules, and court orders; failure to do so may support dismissal, including sua sponte dismissal for failure to prosecute or comply.
3. Plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and for furnishing the necessary copies to the person who makes service.
4. By presenting a pleading, motion, or other paper, an unrepresented party certifies compliance with the factual, legal, and purpose-related requirements of Rule 11(b), and failure to comply may result in sanctions under Rule 11(c).

Questions Presented

1. What procedural obligations apply to a pro se plaintiff in prosecuting a federal civil action?
2. What consequences may follow from failure to prosecute, failure to comply with court rules or orders, failure to serve the defendant, or violation of Federal Rule of Civil Procedure 11?

Disposition

other