United States First Circuit

Dismissal of the case by the district court, acting sua sponte, for lack of prosecution based on plaintiffs' non-compliance with discovery deadlines is vacated and remanded where the absence of a clearly communicated deadline for providing expert reports, or notice that failing to do so more promptly could result in dismissal, rendered that drastic sanction an abuse of discretion.

Appellate Information

• Decided 02/24/2010
• Published 02/24/2010

Judges

• PER CURIAM., Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Humberto R. Vázquez-Sandoval on brief for appellants.


• For Appellees:
  
• Gloria M. De Corral and De Corral & De Mier on brief for appellee, Hospital Metropolitano., Juan M. Masini-Soler on brief for appellees, Rafael Ramírez-Pepen, Conjugal Partnership Ramírez-Doe.