Nelson Boatyard, Inc. v. Vessel Michele’s 4 Aces a/k/a “Battlewagon”, IMO No. 647002, her engines, apparel, furniture, equipment, appurtenances, tackle, etc., in rem, and Roger Latham, in personam

Summary

The United States District Court for the Southern District of Alabama dismissed the action without prejudice under Federal Rule of Civil Procedure 41(b) and applicable local rules. The dismissal was based on the plaintiff's failure to file proof of service on Roger Latham, move for arrest of the vessel, prosecute the action, or show good cause for noncompliance with the court's orders.

Holdings

1. An action may be dismissed without prejudice when the plaintiff fails to prosecute, fails to comply with court orders, and does not show good cause after receiving notice of the proposed dismissal.

Questions Presented

1. Whether the action should be dismissed without prejudice for failure to prosecute.
2. Whether the action should be dismissed without prejudice for failure to comply with the court's orders.

Disposition

dismissed