Wilson v. Wells Fargo Bank, Nat'l Ass'n

3 Citing cases

  1. Molina v. Gregory Funding, LLC

    Civil Action 3:23-cv-01576-B (N.D. Tex. Oct. 7, 2024)

    Additionally, the Court should find that the lesser sanction of excluding all evidence or witnesses not disclosed would not be effective in promoting participation in the lawsuit. See James Wilson v. Wells Fargo Bank, 2015 WL 4191300, at *3 (N.D. Tex. July 1, 2015) (finding that exclusion of evidence and witnesses not disclosed would likely not be an effective sanction when plaintiff had provided no discovery at all).

  2. Guerra v. 21st Mortg. Corp.

    Civil Action 5:21-CV-99 (S.D. Tex. Oct. 19, 2022)   Cited 1 times

    Given Plaintiff's failure to prosecute this lawsuit, beyond filing a petition in state court before the case was removed to federal court, a conditional dismissal such as that suggested in McNeal, 842 F.2d at 793, would not appear to prompt further action by Plaintiff. See Wilson v. Wells Fargo Bank, Nat. Ass'n, No. 3:13-CV-2257-O, 2015 WL 4191300, at *3 (N.D. Tex. July 1, 2015). Moreover, the 14-day period for Plaintiff to object to this recommendation of dismissal will give him the same opportunity to avoid dismissal as a conditional dismissal.

  3. Powell v. Akin Gump Strauss Hauer

    Civil Action No. 3:17-CV-1726-K-BH (N.D. Tex. Feb. 25, 2019)

    Dismissal may be with prejudice under both rules when certain factors are present.See Wilson v. Wells Fargo Bank, Nat. Ass'n, No. 3:13-CV-2257-O, 2015 WL 4191300, at *3-5 (N.D. Tex. July 1, 2015) (identifying the factors for dismissal with prejudice and dismissing the action with prejudice under Rule 41(b) or alternatively under Rule 37). Defendant claims that it has expended significant resources in defending this lawsuit, including filing various motions to dismiss and discovery motions.