Summary
The United States District Court for the Southern District of Indiana overruled Miranda Monday’s objection to a magistrate judge’s report and recommendation. The court adopted the recommendation and dismissed the action without prejudice based on Monday’s repeated failures to comply with court orders, appear at proceedings, and file required witness and exhibit lists. The court vacated the scheduled pretrial conference and jury trial dates.
Holdings
- A district court must review specific objections to a magistrate judge's dispositive report and recommendation de novo and make the ultimate decision whether to adopt, reject, or modify the recommendation.
- Dismissal without prejudice is warranted when a litigant repeatedly fails to appear and comply with court orders despite warnings, and the dismissal is proportionate to the conduct and resulting prejudice.
Questions Presented
- Whether the district court should adopt the magistrate judge's recommendation after conducting de novo review of Plaintiff's objection.
- Whether dismissal without prejudice was a proportionate sanction for Plaintiff's repeated failures to appear, comply with court orders, and prosecute the action.
Disposition
dismissed
Cases Cited (8)
- Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752, 760 (7th Cir. 2009)(followed)
- Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999)(followed)
- Pearle Vision, Inc. v. Romm, 541 F.3d 751, 758 (7th Cir. 2008)(followed)
- Members v. Paige, 140 F.3d 699, 702 (7th Cir. 1998)(followed)
- Secrease v. W. & S. Life Ins., 800 F.3d 397, 401 (7th Cir. 2015)(followed)
- S.E.C. v. First Choice Mgmt. Servs., 678 F.3d 538, 543 (7th Cir. 2012)(followed)
- Greviskes v. Universities Rsch. Ass'n, Inc., 417 F.3d 752, 759 (7th Cir. 2005)(followed)
- Donelson v. Hardy, 931 F.3d 565, 569 (7th Cir. 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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