Opinion

Moore v. Fred's Woodshed, Inc.

Court
District Court, M.D. Pennsylvania
Filed
Jun 13, 2024
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

TAYLA MOORE, as Administrator of No. 4:22-CV-00576

the Estate of JAHRELL JENKINS,

Deceased, and as Mother and Legal (Chief Judge Brann)

Guardian of the Minor Children, J.J.

and L.J.,

Plaintiff,

v.

FRED’S WOODSHED, INC. and

FRED HEFFELFINGER, JR.,

a/k/a Fred Brown,

Defendants.

MEMORANDUM OPINION AND ORDER

JUNE 13, 2024

I. BACKGROUND

On April 5, 2024, the Court ordered Plaintiff, Tayla Moore, to show cause as

to why this case should not be dismissed under Federal Rule of Civil Procedure

41(b) for a failure to prosecute by June 4, 2024.1 The Court provided Moore with

the alternative option of filing a motion for entry of default against the Defendants,

Fred’s Woodshed, Inc. and Fred Heffelfinger, Jr., pursuant to Federal Rule of Civil

Procedure 55(a).2 Since then, the Court has received no communication from

Moore. Accordingly, I now dismiss her case with prejudice under Rule 41(b).

II. DISCUSSION

Rule 41(b) “authorizes district courts to involuntarily dismiss an action, with

prejudice, ‘where a plaintiff fails to prosecute or to comply with these rules or a

court order ….”3 “Dismissals for failure to prosecute are ‘drastic’ and ‘extreme’

sanctions and ‘should be reserved’ for cases where there has been ‘flagrant bad

faith’ on the part of the plaintiffs.”4 In reaching a decision, the Court is required to

consider six factors identified by the United States Court of Appeals for the Third

Circuit in Poulis v. State Farm Fire Ins. & Cas. Co.: “(1) the extent of the party’s

personal responsibility; (2) the prejudice to the [adversary]; (3) a history of

dilatoriness; (4) whether the conduct of the party or the attorney was willful or in

bad faith; (5) the effectiveness of sanctions other than dismissal, which entails an

analysis of alternative sanctions; and (6) the meritoriousness of the claims or

defense.”5 No “single Poulis factor is dispositive” and “not all of the Poulis factors

need to be satisfied in order to dismiss” a case.6

2 Id.

3 Beale v. Experian Info. Sols., Inc., Civ. A. No. 22-4810, 2023 U.S. Dist. LEXIS 229382, at

*2 (E.D. Pa. Dec. 27, 2023) (quoting FED. R. CIV. P. 41(b)).

4 Barger v. Walton, 260 F. App’x 476, 477 (3d Cir. 2008) (quoting Poulis v. State Farm Fire

Ins. & Cas. Co., 747 F.2d 863, 867-68 (3d Cir. 1984)).

5 Id.

6 Briscoe v. Klaus, 538 F.3d 252, 263 (3d Cir. 2008) (quoting Ware v. Rodale Press, Inc., 322

F.3d 218, 222 (3d Cir. 2003) and Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir. 1992)).

A. Plaintiff’s Personal Responsibility

Since the Court granted the Motion to Withdraw as Attorney on April 4,

2024, Moore has been proceeding pro se. Accordingly, the responsibility for her

failure to respond to the Court’s April 5, 2024 Order is solely her own. As such,

this factor supports dismissal.

B. Prejudice to the Adversary

Ordinarily prejudice to the adversary would support dismissal as this case

has remained dormant for two years. However, the Defendants have never once

appeared. This factor is neutral under these circumstances.

C. History of Dilatoriness

“‘[E]xtensive or repeated delay or delinquency constitutes a history of

dilatoriness ….’”7 The Third Circuit has held “that ‘extensive’ delay can create a

history of dilatoriness.”8 This means that the plaintiff “does nothing ….”9 As a

result, Plaintiff’s behavior supports dismissal under this factor. She has not

advanced this case for approximately two years. This exemplifies a clear history of

dilatoriness.

7 Hildebrand v. Allegheny Cty., 923 F.3d 128, 135 (3d Cir. 2019) (quoting Adams v. Tr. of the

New Jersey Brewery Employees’ Pension Tr. Fund, 29 F.3d 863, 874 (3d Cir. 1994)).

8 Id. (citing Adams, 29 F.3d at 874).

9 Id. (quoting Adams, 29 F.3d at 875).

D. Willful or Bad Faith Behavior

Next, I must determine whether Plaintiff’s conduct was willful or taken in

bad faith. Nothing in the record before the Court suggests that Moore acted in bad

faith, but her conduct was willful. As discussed above, Moore did not advance this

case for approximately two years. More critically, she failed to respond to the

Court’s April 5, 2024 Show Cause Order that had been mailed to her address on

file. As the Third Circuit has stated, “[a]bsence of reasonable excuses may suggest

that the conduct was willful or in bad faith.”10 Here, Plaintiff has not offered any

excuse, let alone a reasonable one.11 Consequently, this factor supports dismissal.

E. Effectiveness of Other Sanctions

When determining if dismissal under Rule 41(b) is appropriate, the Court is

required to evaluate the effectiveness of other sanctions. I conclude that lesser

sanctions would be completely ineffective. While the Court may impose a

monetary fine, there is no indication that Moore would respond. When faced with a

nonresponsive party, any action short of dismissal would fall on deaf ears. I

therefore conclude that this factor also supports dismissal.

10 Roman v. City of Reading, 121 F. App’x 955, 960 (3d Cir. 2005) (citing Ware, 322 F.3d at

224).

11 See e.g., Hynes v. Derry Twp. Sch. Dist., No. 1:21-cv-01736, 2024 U.S. Dist. LEXIS 45597,

2024 WL 1118975 (M.D. Pa. Mar. 14, 2024) (Kane, J.) (collecting cases). See also Alva v.

Sage, No. 1:23-cv-01203, 2023 U.S. Dist. LEXIS 193615, 2023 WL 7111226 (M.D. Pa. Oct.

27, 2023) (Kane, J.).

F. Meritoriousness of the Claim

Finally, the Court is required to evaluate the meritoriousness of Plaintiff’s

claims. As the Defendants have never once appeared and responded to the

allegations, Moore would be able to pursue a default judgment. Thus, this factor

counsels against dismissal.

III. CONCLUSION

After carefully weighing the six Poulis factors, the Court concludes that four

of these factors support dismissing this case with prejudice. Dismissal is therefore

warranted. In accordance with the above, IT IS HEREBY ORDERED that:

1. Pursuant to Federal Rule of Civil Procedure 41(b), this case is

DISMISSED WITH PREJUDICE for failure to prosecute; and

2. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann

Matthew W. Brann

Chief 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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