Eric Vanderwerff v. NewRez LLC, et al.

Summary

The United States magistrate judge recommends dismissing Eric Vanderwerff’s removed foreclosure-related action without prejudice under Federal Rule of Civil Procedure 41(b). The recommendation is based on the plaintiff’s repeated failure to register for CM/ECF, comply with court orders, and prosecute the case, including failure to timely participate in a scheduled hearing.

Holdings

1. Federal Rule of Civil Procedure 41(b) permits a court to dismiss an action sua sponte when a plaintiff fails to prosecute the action or fails to comply with the federal rules or a court order.
2. The heightened standard was satisfied because the record showed repeated plaintiff-caused and intentional noncompliance, delay to the proceedings, and futility of lesser sanctions.

Questions Presented

1. Whether the court could dismiss the action sua sponte under Federal Rule of Civil Procedure 41(b) for failure to comply with court orders and failure to prosecute.
2. Whether dismissal was warranted under the heightened standard applicable when a Rule 41(b) dismissal may effectively operate as a dismissal with prejudice because the statute of limitations may bar refiling.
3. Whether lesser sanctions would be inadequate to prompt diligent prosecution.

Disposition

dismissed