Legal Opinion
Schmidt v. Silver
District Court, E.D. Pennsylvania
Decided January 28, 1981No. Civ. A. No. 77-2210PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
GILES, District Judge.
Plaintiff filed a motion for a new trial on July 14, 1980, but elected not to order a trial transcript. By letter to the court dated July 31, 1980, plaintiff’s counsel stated that his client could not afford the transcript and asked for consideration of the motion without a transcript.1 I shall deny that request and dismiss the motion for failure to prosecute.
Under former E.D.Pa.R.Civ.Pro. 34, which was in effect until August 1, 1980, dismissal under these circumstances was mandatory. See Belfiore v. Leanora Corp., No. 77-3463, slip op. at 1 (E.D.Pa.…
2Cases cited2 opinions
- Julie Thomas v. Computax CorporationCourt of Appeals for the Ninth Circuit · 1980
- United States v. Ferretti, CaesarCourt of Appeals for the Third Circuit · 1980
3Cited by1 opinion
- Amader v. Pittsburgh Corning Corp.District Court, E.D. Pennsylvania · 1982