Reading Anthracite Co. v. United States

9 Cl. Ct. 63, 1985 U.S. Claims LEXIS 891
CourtUnited States Court of Claims
DecidedOctober 31, 1985
DocketNo. 519-84C
StatusPublished
Cited by4 cases

This text of 9 Cl. Ct. 63 (Reading Anthracite Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reading Anthracite Co. v. United States, 9 Cl. Ct. 63, 1985 U.S. Claims LEXIS 891 (cc 1985).

Opinion

OPINION DISMISSING PLAINTIFF’S PETITION FOR LACK OF PROSECUTION AND FAILURE TO COMPLY WITH THE COURT’S ORDERS

REGINALD W. GIBSON, Judge:

BACKGROUND

On July 11, 1984, the plaintiff, Reading Anthracite Company, filed a petition for a refund of $37,416.75 paid under the Surface Mining Control and Reclamation Act1 in the United States District Court for the Eastern District of Pennsylvania. Subsequently, on October 10, 1984, the case was transferred to the United States Claims Court pursuant to 28 U.S.C. §§ 1491, 1631 (1982) following which plaintiff filed an amended complaint on November 29, 1984. A pretrial order was issued on February 1, 19852 that required the plaintiff to complete discovery by May 23, 1985, to tender any dispositive motion by July 1, 1985, to make its initial submission on or before July 5, 1985, and to complete pretrial submissions by August 4, 1985.

Plaintiff failed to make its pretrial submission by July 5, 1985, as required. A second order, dated July 11, 1985, was then issued directing plaintiff to comply with the February 1, 1985 pretrial requirements forthwith. Plaintiff, however, did not comply with said second order and, as a consequence, a third order was issued by the court on July 30, 1985, admonishing plaintiff to comply with the pretrial order on or before August 12, 1985. This order put plaintiff on notice that its continued failure to comply with this court’s orders “may form the predicate for a ... Show Cause [order] why this case should not be dismissed ... pursuant to RUSCC 41(b).” Since as of August 12, 1985, plaintiff had failed to respond to the third order of the court requiring compliance with the terms of the pretrial order, a fourth order was issued on August 22, 1985, by the court sua sponte, directing plaintiff to show cause why its petition should not be dismissed, with prejudice, for failure to prosecute and to comply with this court’s orders. Substantively, this order paralleled an August 21, 1985 motion by defendant to also dismiss the petition for failure to prosecute and for failure to comply with three orders by the court.

[65]*65Stemming from an earlier telephone request by the secretary to counsel for plaintiff, a status conference was held on August 29, 1985 wherein plaintiff sought to apologize to the court for its failure to comply with the three previous court orders. On that occasion, however, plaintiff made no attempt to show cause why the petition should not be dismissed.3 Rather, plaintiff’s counsel emphasized that he would prefer to respond in writing to the court’s order to show cause. In the subsequent written show-cause response, dated September 4, 1985, plaintiff’s counsel cited his own illness, and the lack of diligence of an associate, to whom he had assigned the responsibility of prosecuting subject claim, as reasons for plaintiff’s failure to comply with the pretrial orders of the court. Concomitantly, in its motion to dismiss, defendant vigorously insists that plaintiff’s petition should be dismissed for failure to prosecute and to comply with several of the court’s orders.

Upon a careful review of all of the operative facts, and in particular plaintiff’s show-cause explanations, we are constrained to agree with defendant that sound discretion warrants the granting of the defendant’s motion to dismiss the plaintiff’s petition with prejudice. See RUSCC 41(b). Further, given the totality of the evidence, infra, plaintiff is ordered to pay to the court all costs, as shall be determined by the Clerk, relative to the apparently frivolous status conference of August 29, 1985, which was convened telephonically at the specific request of the plaintiff.

DISCUSSION

The threshold question presented by defendant’s motion relates to the propriety of the court dismissing the plaintiff’s petition, with prejudice, for its failure to comply with three patently clear court orders. Stated another way, the issue is whether, on these facts, sound discretion warrants the allowance of defendant’s motion to dismiss, or whether such allowance would constitute an abuse of discretion. Plaintiff avers that the granting of such a dismissal motion would be improvident because the causes for the failure to comply with the court’s orders amount essentially to “excusable delay.” That is to say, plaintiff blames the failure to comply with the court’s orders apparently on the unavoidable assignment of subject case by counsel to an associate and his own illness which allegedly prevented him from overseeing the failure of the associate to comply with the pretrial procedures. Conversely, defendant, in reply, asserts that dismissing the petition because of plaintiff’s failure to prosecute and to comply with three orders of the court is warranted given the existing facts and applicable case law, infra.

We begin our analysis by observing that RUSCC 41(b) parallels Rule 41(b), Federal Rules of Civil Procedure (FRCP), in all material particulars and provides, in relevant part, as follows:

For failure of the plaintiff to prosecute or to comply with ... any order of court, the court may dismiss on its own motion or defendant may move for dismissal of an action or any claim,

(emphasis added). While little guidance as to the operative factors which should influence involuntary dismissal appears from the test of RUSCC 41(b), the case law interpreting RUSCC 41(b) makes clear that such rulings are to be determined on a case-by-case fact and circumstance basis which should be left solely within the sound discretion of the trial judge. Taub v. Hale, 355 F.2d 201, 202 (2d Cir.), cert. denied, 384 U.S. 1007, 86 S.Ct. 1924, 16 L.Ed.2d 1020 (1966). Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962).4 In exercising such discretion, the overriding consideration is the court’s duty to protect and further the integrity of an orderly and speedy pursuit of justice. Id. In this connection, although we recognize that the drastic nature of such dismissals is not to be sanc[66]*66tioned with blanket approval, Ali v. A & G Co., Inc., 542 F.2d 595, 596-97 (2d Cir. 1976), we are also mindful of the following Supreme Court admonition in National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 96 S.Ct. 2778, 49 L.Ed.2d 747 (1976), outlining the prospective value such dismissals represent to would-be litigants in general, wherein it stated that

the most severe in the spectrum of sanctions provided by statute or rule must be available ... in appropriate cases, not merely to penalize those whose conduct may be deemed to warrant such a sanction, but to deter those who might be tempted to such conduct in the absence of such a deterrent.

Id. at 643, 96 S.Ct. at 2781 (emphasis added).

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Bluebook (online)
9 Cl. Ct. 63, 1985 U.S. Claims LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reading-anthracite-co-v-united-states-cc-1985.