Summary
The United States District Court for the Southern District of Illinois dismissed Ronald M. Van Pelt’s action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with court orders. The court directed the Clerk to enter judgment and explained the deadlines and procedures for seeking reconsideration or appealing to the Seventh Circuit.
Holdings
- Dismissal with prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Plaintiff repeatedly failed to comply with court orders and failed to prosecute the action.
- A timely Rule 59(e) motion in proper form tolls the time for filing a notice of appeal, while an untimely or completely insubstantial motion does not.
Questions Presented
- Whether the action should be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) because Plaintiff failed to prosecute the case and failed to comply with multiple court orders.
- What deadlines and procedural options applied to a potential Rule 59(e) motion and appeal from the judgment.
Disposition
dismissed
Cases Cited (11)
- Sroga v. Huberman, 722 F.3d 980, 982 (7th Cir. 2013)(followed)
- Johnson v. Chicago Board of Education, 718 F.3d 731, 732-733 (7th Cir. 2013)(followed)
- Kruger v. Apfel, 214 F.3d 784, 786-787 (7th Cir. 2000)(followed)
- James v. McDonald's Corp., 417 F.3d 672, 681 (7th Cir. 2005)(followed)
- Elustra v. Mineo, 595 F.3d 699, 707 (7th Cir. 2010)(followed)
- Talano v. Northwestern Medical Faculty Foundation, Inc., 273 F.3d 757, 760 (7th Cir. 2001)(followed)
- Blue v. Hartford Life & Accident Insurance Co., 698 F.3d 587, 598 (7th Cir. 2012)(followed)
- Carlson v. CSX Transportation, Inc., 758 F.3d 819, 826 (7th Cir. 2014)(followed)
- Martinez v. Trainor, 556 F.2d 818, 819-820 (7th Cir. 1977)(followed)
- Sherman v. Quinn, 668 F.3d 421, 424 (7th Cir. 2012)(followed)
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Cited In (0)
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Court Document
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