Sullivan v. Communications, Concepts & Investments, Inc.

Plaintiff appeals an order dismissing his case because he filed a unilateral pretrial statement, after defendants refused to agree to his proffered joint pretrial statement. Although the dismissal order stated it was without prejudice, the statute of limitations had run. We reverse.

At a case management conference requested by defendants, in which they alleged that plaintiffs counsel was not cooperating on a joint pretrial order, defense counsel advised the court that he objected to the joint stipulation he received from plaintiffs counsel because it was not concise and impartial. Plaintiffs…