Legal Opinion
ECCLESIASTES 9: 10-11-12, INC. v. LMC Holding Co.
Court of Appeals for the Tenth Circuit
Decided October 11, 2012No. 05-4192PublishedCited by 186 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal challenges the district court’s decision to dismiss this action with prejudice for failure to prosecute pursuant to Fed.R.Civ.P. 41(b). The district court dismissed this case, which originally was commenced in 1995, as a sanction for the alleged discovery-related dilatoriness of appellant Ecclesiastes 9:10-11-12, Inc. (“Ecclesiastes”). This delay allegedly precluded the parties from preserving the deposition testimony of John Z. DeLorean prior to his death. At times material to the dismissal, DeLorean was Ecclesiastes’s sole director, its corporate designee…
2Cases cited28 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Nasious v. Two Unknown B.I.C.E. AgentsCourt of Appeals for the Tenth Circuit · 2007
- Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. RogersSupreme Court of the United States · 1958
- Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of OklahomaCourt of Appeals for the Tenth Circuit · 1988
23 more not listed; retrieve them via the Exa API.
3Cited by186 opinions
- Wall v. AstrueCourt of Appeals for the Tenth Circuit · 2009
- Richison v. Ernest Group, Inc.Court of Appeals for the Tenth Circuit · 2011
- Kannady v. City of KiowaCourt of Appeals for the Tenth Circuit · 2010
- Advantedge Business Group, LLC v. Thomas E. Mestmaker & Associates, Inc.Court of Appeals for the Tenth Circuit · 2009
- Davis v. MillerCourt of Appeals for the Tenth Circuit · 2009
181 more not listed; retrieve them via the Exa API.