Automated Datatron, Inc. v. Kenneth H. Woodcock

Although a district court has the power under appropriate circumstances to dismiss a claim for failure by a party to comply with a court order, see Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962), in my judgment the district court abused its discretion in this case in dismissing Woodcock’s counterclaim. I therefore dissent.

I am guided to this view by our decision in Jackson v. Washington Monthly Co., 569 F.2d 119 (D.C.Cir.1977) (Judges McGowan, Tamm, Robinson) (unanimous decision). Accord, Butler v. Pearson, 636 F.2d 526 (D.C.Cir.1980). There, as here, the…