Legal Opinion
Baptiste v. Sommers
Court of Appeals for the Second Circuit
Decided September 24, 2014No. 13-3079-cvPublishedCited by 628 opinions
1Per curiam
This case requires us to decide whether a district court may dismiss a case for failure to prosecute after a long and unexplained delay without evaluating all the factors that we have deemed necessary to measure the consequences of such delay. Because district courts must weigh the factors prescribed by our case law, and because the court below failed to do so, we *215VACATE the district court’s judgment dismissing the case for failure to prosecute and REMAND for further proceedings consistent with this opinion.
BACKGROUND
In February 2009, Plaintiff-Appellant Harry Baptiste filed a pro se…
2Cases cited7 opinions
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- Barry Lesane v. Hall's Security Analyst, Inc.Court of Appeals for the Second Circuit · 2001
- Lucas v. MilesCourt of Appeals for the Second Circuit · 1996
- Palmieri v. DefariaCourt of Appeals for the Second Circuit · 1996
- Mitchell v. Lyons Professional Services, Inc.Court of Appeals for the Second Circuit · 2013
2 more not listed; retrieve them via the Exa API.
3Cited by628 opinions
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- Pothen v. Stony Brook UniversityDistrict Court, E.D. New York · 2016
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