Charles Samuel Hartzol, III v. Matthew Major

Summary

The United States District Court for the Southern District of Illinois dismissed Plaintiff Charles Samuel Hartzol, III’s action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to respond to a summary judgment motion and a show-cause order. The court closed the case and explained the deadlines and procedures for seeking reconsideration under Rule 59(e) or appealing to the Seventh Circuit.

Holdings

1. Dismissal with prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Plaintiff repeatedly failed to respond to the summary-judgment motion and court orders, including a show-cause order, after receiving a warning that noncompliance could result in dismissal.
2. Plaintiff could seek review through a timely Rule 59(e) motion or appeal to the Seventh Circuit, subject to the applicable filing deadlines and requirements stated by the court.

Questions Presented

1. Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute and failed to comply with court orders.
2. What deadlines and procedural options Plaintiff had for seeking reconsideration or appealing the judgment.

Disposition

dismissed