Alan M. Grochal, Trustee for Instantwhip-Washington, D.C. v. Aeration Processes, Inc., D/B/A Instantwhip Foods, Inc.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Plaintiff-appellant Instantwhip-Washington, D.C. (“I.W.”) appeals orders of the district court denying its motion for a continuance, dismissing its complaint with prejudice, and denying its motion for reinstatement of its complaint. The district court dismissed I.W.’s complaint at the pretrial conference in response to a motion by defendant-appellee Aeration Processes, Inc. (“Aeration”). The court reasoned that dismissal was warranted by I.W.’s failure to subpoena an essential witness for trial and its failure to…