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Lester v. Percudani

United States District Court, M.D. Pennsylvania

March 20, 2014

EDDIE and SHARON LESTER, et al., Plaintiffs,
v.
GENE PERCUDANI, et al., Defendants, PABLO ACRE, et al., Plaintiffs,
v.
CHASE MANHATTAN MORTGAGE CORP., et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 20th day of March, 2014, upon consideration of the court's order (Case No. 3:01-CV-1182, Doc. 596; Case No. 1:04-CV-832, Doc. 429) directing pro se plaintiff Dwayne Thompson ("Thompson") to file a response with the court on or before March 17, 2014, showing cause why his claim should not be extinguished with prejudice for failure to prosecute, see FED. R. CIV. P. 41(b); Kenney v. Cal. Tanker Co. , 381 F.2d 775, 777 (3d Cir. 1967) ("The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an inherent power, ' governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases") (internal citation omitted), and it appearing that as of the date of this order, Thompson has failed to file such a response, and it further appearing that dismissal for failure to prosecute is warranted under the six factors presented in Poulis v. State Farm Fire & Casualty Co. , 747 F.2d 863 (3d Cir. 1994), [1] it is hereby ORDERED that:

1. Thompson's claim in Case No. 1:04-CV-832 is EXTINGUISHED with prejudice for failure to prosecute.
2. Defendants' motion (Case No. 3:01-CV-1182, Doc. 580; Case No. 1:04-CV-832, Doc. 419) to correct the court's order (Case No. 3:01-CV-1182, Doc. 555; Case No. 1:04-CV-832, Doc. 411) requiring plaintiffs to provide settlement documentation, wherein defendants request the court to amend its order to require plaintiffs' counsel to provide a release for plaintiff Dwayne Thompson, is DENIED as moot.

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