United States Tenth Circuit

In an action alleging a violation of the Americans with Disabilities Act, in defendant's revocation of an offer to hire plaintiff as a driver, denial of plaintiff's motion for a continuance, dismissal of his complaint without prejudice, and denial of his motion for reconsideration are affirmed as: 1) there was no abuse of discretion in denying the motion for a continuance as it reasonably found that plaintiff failed to show diligence, a continuance would not accomplish anything, both the court and defendant would be inconvenienced if it were granted, and plaintiff attendance at trial was not essential; 2) despite plaintiff's incarceration, dismissal based on his failure to prosecute was not an abuse of discretion; and 3) there was no abuse of discretion in denying the motion for reconsideration.

Appellate Information

• Decided 09/25/2007
• Published 09/26/2007

Judges

• HARTZ, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Brian L. Olson, Gallian, Wilcox, Welker & Olson, St. George, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Richard Ranney, Ranney & Peatross, St. George, UT, for Defendant-Appellee.