United States Sixth Circuit

Dismissal of plaintiffs' complaint with prejudice for failure to prosecute is reversed in a dispute involving certification of a party's nominees for a presidential election where no notice was given to plaintiffs that the district court was considering involuntary dismissal and plaintiffs only missed one appearance.

Appellate Information

• Decided 01/10/2006
• Published 01/10/2006

Judges

• Before:  KENNEDY and GIBBONS, Circuit Judges;  DONALD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bruce I. Afran, Princeton, New Jersey, for Appellants.   Heather S. Meingast, Michigan Department of Attorney General, Lansing, Michigan, Michael J. Hodge, Miller, Canfield, Paddock & Stone, Lansing, Michigan, for Appellees.   ON BRIEF:  Bruce I. Afran, Princeton, New Jersey, Ralph J. Sirlin, Reosti, James & Sirlin, Pleasant Ridge, Michigan, Bruce T. Wick, Westlake, Ohio, for Appellants.  Heather S. Meingast, Patrick J. O'Brien, Michigan Department of Attorney General, Lansing, Michigan, for Appellees.