Opinion
No. 06-10863, A.P. No. 07-1038.
August 13, 2007
Memorandum on Motion for Order Shortening Time
Plaintiff failed to appear for a regularly-scheduled scheduling conference, and the court dismissed the case for failure to prosecute. This sanction is specifically authorized by FRCP 37(b)(2)(C), FRCP 16(f) and FRBP 7016.
It may well be that the court will relieve plaintiff from this default if his claim is colorable and he can demonstrate excusable neglect. At a very minimum, however, defendants must be compensated for the expense of having their attorney appear for nothing. A motion for relief from default must be made on notice. Unless there is a valid reason for shortening time, the normal 28 days notice must be given.