Legal Opinion
Brown v. Burnside
District Court, E.D. New York
Decided February 19, 1986No. 78 CV 1872PublishedCited by 2 opinions
1Opinion of the Court
ORDER
McLAUGHLIN, District Judge.
Plaintiffs seek relief from an order of this Court that dismissed this case for lack of prosecution. The action was commenced in August 1978. After some discovery in 1979, there was no activity for almost two years. Accordingly, on November 4, 1981, this Court filed a Notice of Impending Dismissal for Failure to Prosecute, pursuant to Fed.R.Civ.P. 41(a)(2). When four months passed without further discovery, the case was dismissed on March 25, 1982.
In an effort to keep the case alive, plaintiffs pursued some discovery in 1982 and early 1983. The case has now…
2Cases cited4 opinions
- In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Harvey S. BarrCourt of Appeals for the Second Circuit · 1981
- Ray Hawkins, Individually and on Behalf of All Other Common Stockholders of the Tonopah Mining Company of Nevada Similarly Situated v. Thayer LindsleyCourt of Appeals for the Second Circuit · 1964
- Costa v. ChapkinesCourt of Appeals for the Second Circuit · 1963
- McCawley v. Fleischmann Transp. Co.District Court, S.D. New York · 1950
3Cited by2 opinions
- Hawai'i Housing Authority v. UyeharaHawaii Supreme Court · 1994
- Dillingham Investment Corp. v. Kunio Yokoyama TrustHawaii Intermediate Court of Appeals · 1990