Legal Opinion
Otis C. Tolbert v. Elliott Leighton
Court of Appeals for the Ninth Circuit
Decided May 29, 1980No. 78-1038PublishedCited by 38 opinions
1Opinion of the Court
CHOY, Circuit Judge:
The district court, finding that Tolbert had failed to prosecute his legal malpractice suit, dismissed the action with prejudice. See Fed.R.Civ.P. 41(b). We reverse.
Tolbert’s only offense was failing to appear at a status conference set for a date less than seven months after the complaint was filed. The record indicates that Leigh-ton and his attorney did not appear at the conference either. (Indeed, they apparently have not participated in the case in any way either in the district court or here.)
Sua sponte dismissals for failure to prosecute will be affirmed unless the…
2Cases cited10 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Patricia Scott Anderson v. Air West, IncorporatedCourt of Appeals for the Ninth Circuit · 1976
- Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
- Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
- Industrial Building Materials, Inc. v. Interchemical CorporationCourt of Appeals for the Ninth Circuit · 1971
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
- Harry Franklin v. Ms. Murphy and Hoyt CuppCourt of Appeals for the Ninth Circuit · 1984
- William Hallam Webber v. The Eye CorporationCourt of Appeals for the Seventh Circuit · 1983
- Ruby H. Harris v. Reginald Callwood & Daisy CallwoodCourt of Appeals for the Sixth Circuit · 1988
- Andrew B. Schilling v. Walworth County Park & Planning CommissionCourt of Appeals for the Seventh Circuit · 1986
33 more not listed; retrieve them via the Exa API.