United States Second Circuit

Dismissal with prejudice under Rule 41(b) for plaintiff's silent, unobtrusive failure to prosecute following non-compliance with the district court's order to file reply to defendant's summary judgment motion was too harsh a remedy to impose upon pro se plaintiff.

Appellate Information

• Argued 11/22/2000
• Decided 01/04/2001
• Published 01/05/2001

Judges

• CALABRESI, Circuit Judge:, Before CALABRESI and PARKER, Circuit Judges, and TRAGER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles D. Cole, Jr., Newman Fitch Altheim Myers, P.C., New York, NY, for Appellant.


• For Appellees:
  
• Kenneth T. Wasserman, New York City (Jacques Catafago, The Catafago Law Firm, New York City, on the brief), for Appellee.