Dr. Armando Barreto v. Citibank, N.A.

This appeal challenges an order of the district court dismissing plaintiffs’ complaint for failure of counsel, though specifically ordered, to answer interrogatories and to appear for an Initial Scheduling Conference (ISC). The sanction imposed by the court was, on this record of inexcusable inaction, clearly within its discretion. We affirm.

The plaintiffs filed suit on April 17, 1989, alleging that defendant bank had negligently committed the “criminal act” of cashing a number of checks payable to one of the plaintiffs for professional services, such checks bearing forged endorsements. It is…