What is the test for involuntary dismissal of a plaintiff for failing to comply with Rule 41(b) of the Rule of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from Lamont v. Edwards, 16-1714 (2nd Cir. 2017):

Federal Rule of Civil Procedure 41(b) provides for involuntary dismissal "[i]f the plaintiff fails to prosecute or to comply with the[] [federal] rules [of civil procedure] or a court order." We consider five factors "in light of the record as a whole" when reviewing a Rule 41(b) dismissal for failure to comply: "(1) the duration of the plaintiff's failure to comply with the court order; (2) whether the plaintiff was on notice that failure to comply would result in dismissal; (3) whether the defendants are likely to be prejudiced by further delay in the proceedings; (4) a balancing of the court's interest in managing its docket with the plaintiff's interest in receiving a fair chance to be heard; and (5) whether the judge has adequately considered a sanction less drastic than dismissal." Spencer v. Doe, 139 F.3d 107, 112-13 (2d Cir. 1998). No single factor is dispositive. See U.S. ex rel. Drake v. Norden Sys., Inc., 375 F.3d 248, 254 (2d Cir. 2004).

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