Kevin Brown v. Cornerstone Realtors, LLC, et al.

Summary

The United States District Court for the Eastern District of Missouri denied defendants’ motion to dismiss Kevin Brown’s Fair Housing Amendments Act action for failure to prosecute. The Court held that the plaintiff’s missed deadlines did not establish the clear record of delay or contumacious conduct required for involuntary dismissal, but warned the plaintiff and counsel that future dilatory conduct could result in sanctions, including dismissal. The Court also vacated the prior ADR referral order, directed that a new referral order be issued, and denied the plaintiff’s extension motion as moot.

Holdings

1. Dismissal was not warranted because, although Plaintiff's counsel's missed deadlines and inattention were improper, the record did not show the clear, sufficiently flagrant delay or contumacious conduct required for the drastic sanction of involuntary dismissal, and a lesser sanction was available.
2. Plaintiff's counsel did not establish excusable neglect because the asserted reasons—difficulty finding an expert, a busy professional calendar, and a trial schedule—were within counsel's reasonable control and did not justify extending the expired deadlines.
3. The court vacated the prior ADR referral order and corresponding deadlines and directed that a new ADR referral order be entered because the case remained appropriate for mediation or another agreed ADR process.

Questions Presented

1. Whether Plaintiff's failure to meet several case-management and ADR deadlines warranted involuntary dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).
2. Whether Plaintiff's counsel's explanation for missing expired deadlines constituted excusable neglect warranting an extension under Federal Rule of Civil Procedure 6(b)(1)(B).
3. Whether the court should vacate the prior ADR referral order and issue a new ADR referral order.

Disposition

other