Summary
The United States District Court for the Southern District of Illinois granted Defendant Schlott’s motion to dismiss Darius Phillips’s civil rights action for failure to prosecute. The court found that Phillips failed to attend his deposition, update his address, respond to the motion to dismiss, and comply with an order to show cause. The case was dismissed with prejudice under Federal Rule of Civil Procedure 41(b).
Holdings
- Dismissal with prejudice was warranted because Phillips repeatedly failed to prosecute the action and comply with Court orders, including by failing to engage in discovery, attend his deposition, update his address, respond to the motion to dismiss, and comply with the order to show cause.
Questions Presented
- Whether the action should be involuntarily dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Phillips failed to prosecute the case, attend his deposition, update his address, respond to the motion to dismiss, and comply with the order to show cause.
Disposition
dismissed
Cases Cited (3)
- Webber v. Eye Corp., 721 F.2d 1067, 1069 (7th Cir. 1983)(followed)
- Aura Lamp & Lighting Inc. v. Int'l Trading Corp., 325 F.3d 903, 908 (7th Cir. 2003)(followed)
- Ball v. City of Chicago, 2 F.3d 752, 760 (7th Cir. 1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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