Jonathan Darosa v. Lowes Home Improvement

Summary

The magistrate judge recommends dismissing Jonathan Darosa’s action against Lowe’s Home Improvement without prejudice under Federal Rule of Civil Procedure 41(b) and Local Rule 110. The recommendation is based on Plaintiff’s failure to file a status report, appear at a scheduling conference and deposition, comply with court orders, and respond to an order to show cause.

Holdings

1. The magistrate judge recommended dismissal without prejudice because Plaintiff failed to comply with court orders, failed to appear at the scheduling conference and depositions, and failed to respond to the order to show cause.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute and failure to comply with court orders.
2. Whether dismissal without prejudice was an appropriate and sufficiently less drastic sanction under Federal Rule of Civil Procedure 41(b) and the applicable five-factor test.

Disposition

other