Legal Opinion

Raymond Setzke v. Steve Whitmill

Court of Appeals for the Eighth Circuit

Decided July 20, 2007No. 06-1812UnpublishedCited by 3 opinions

1Per curiam

Raymond Setzke appeals the district court’s 1 dismissal without prejudice of his 42 U.S.C. § 1983 action after he failed to appear for two scheduled depositions. We see no abuse of discretion in the district court’s dismissal of the action. See Doe v. Cassel, 403 F.3d 986, 990 (8th Cir.2005) (per curiam) (Fed.R.Civ.P. 41(b) dismissal); Boogaerts v. Bank of Bradley, 961 F.2d 765, 768 (8th Cir.1992) (per curiam) (Fed.R.Civ.P. 37 dismissal). Setzke admitted to defense counsel by telephone that he received notice of the first deposition, the court warned him that failure to attend the second…

2Cases cited4 opinions

  1. Jane Doe, Individually and as Next Friend of John Doe, a Minor v. Martha Cassel Angel Cooper Skye Howard Randall Majors Jeff Frick Monica SmithCourt of Appeals for the Eighth Circuit · 2005
  2. Aziz v. WrightCourt of Appeals for the Eighth Circuit · 1994
  3. Charles G. Boogaerts, D/B/A Boogaerts Company v. The Bank of Bradley, Lane Pierce, Randy Griffin and John HendersonCourt of Appeals for the Eighth Circuit · 1992
  4. Ranger Transportation, Inc. v. Wal-Mart StoresCourt of Appeals for the Eighth Circuit · 1990

3Cited by3 opinions

  1. Bailey v. First Transit Inc.District Court, D. Minnesota · 2022
  2. Roberts v. PayneDistrict Court, E.D. Arkansas · 2022
  3. Schurman v. PayerDistrict Court, D. South Dakota · 2023

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