Civil Procedure Keyed to Yeazell
Sanders v. Union Pacific Railroad Co
In June 1995, the Plaintiff sued his employer, the Defendant, under the Federal Employer’s Liability Act, following a work-related injury. The district judge set a trial date of November 19, 1996. He also issued a form order concerning preparation for a pretrial conference to be held on November 8, 1996, which set forth a schedule for the filing of various motions, oppositions and proposed jury instructions. The order also contained a final paragraph stating that failure to comply with the order could result in dismissal of the action. Plaintiff’s counsel failed to comply with almost all of the requirements of the pretrial order. At the pretrial conference, Plaintiff’s counsel blamed his failures to comply on the fact that he was representing plaintiffs in a lawsuit in Nebraska. A week after the pretrial conference, the district judge dismissed Plaintiff’s action with prejudice as a sanction for failure to comply with the pretrial order.
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