Opinion

Kramer v. Henry Industries, Inc.

Court
District Court, E.D. Missouri
Filed
Mar 17, 2021
Cited by
0 cases
Authority
More cited than 24.1%

“The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed . . . by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.”

How later courts described this case

  • “The authority of a court to dismiss sua sponte for lack of prosecution has generally been considered an ‘inherent power,’ governed . . . by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.”
  • a district court has the power to dismiss an action for the plaintiffs failure to comply with any court order

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

CATHERINE ANN KRAMER, )

)

Plaintiff, )

)

v. ) No. 4:20-cv-01621 SRC

)

HENRY INDUSTRIES, INC., )

)

Defendant. )

Memorandum and Order

This matter is before the Court upon review of the file. Plaintiff Catherine Ann Kramer

commenced this employment discrimination action on November 16, 2020, by filing a complaint

under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., against her former

employer Henry Industries, Inc. On February 8, 2021, the Court entered an Order directing Kramer

to file an amended motion for leave to proceed in forma pauperis or pay the full filing fee. Doc.

12. As explained in the Court’s Order, Kramer’s pending motion to proceed in forma pauperis

(Doc. 2) does not comply with the Local Rules of this Court or the federal statute under which it

may be granted because Kramer provided incomplete answers to the form questions. The Court

cautioned Kramer that her failure to timely comply with the Order would result in the dismissal of

her case.

Kramer’s response was due by March 1, 2021. To date, however, Kramer has neither

responded to the Court’s Order, nor sought additional time to do so. Kramer was given meaningful

notice of what was expected, she was cautioned that her case would be dismissed if she failed to

timely comply, and she was given ample time to comply. Therefore, this action will be dismissed

without prejudice due to Kramer’s failure to comply with the Court’s February 8, 2021 Order, and

her failure to prosecute her case. See Fed. R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370

U.S. 626, 630-31 (1962) (“The authority of a court to dismiss sua sponte for lack of prosecution

has generally been considered an ‘inherent power,’ governed . . . by the control necessarily vested

in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of

cases.”); Brown vy. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (a district court has the power to

dismiss an action for the plaintiffs failure to comply with any court order).

Accordingly, the Court dismisses this case without prejudice. An order of dismissal will

be entered separately. The Court denies Kramer’s motion for leave to proceed in forma pauperis,

Doc. 2, as moot. The Court certifies that an appeal from this dismissal would not be taken in good

faith.

So Ordered this 17th day of March 2021.

‘visas fe Se

STEPHENR.CLARK

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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