United States DC Circuit

District court failed to explain why the harsh sanction of dismissal for want of prosecution was warranted. Plaintiff missed only one court-imposed deadline for filing its appellate brief; because the court offered plaintiff no opportunity to explain and made no findings about the circumstances surrounding its failure to file, it cannot be determined whether the court acted within its discretion.

Appellate Information

• Argued 10/14/2003
• Decided 01/16/2004
• Published 01/16/2004

Judges

• Before:  HENDERSON, TATEL, and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Frederic W. Schwartz Jr. argued the cause and filed the briefs for appellant.


• For Appellees:
  
• M. Bradley Blommer argued the cause for appellee.   With him on the brief was Roger A. Hayden II.