When will a district court dismiss a case for failure to prosecute?

MultiRegion, United States of America

The following excerpt is from Gibbs v. Gorleski, 19-1084 (2nd Cir. 2020):

2. We remind the district court, however, that when contemplating dismissing a plaintiff's case for failure to prosecute, it must consider "(1) the duration of the plaintiff's failure to comply with the court order, (2) whether 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." Lucas v. Miles, 84 F.3d 532, 535 (2d Cir. 1996). While the district court's failure to do so here was not ultimately relevant, "a decision to dismiss stands a better chance on appeal if the appellate court has the benefit of the district court's reasoning." Id.

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