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Hoover v. Suffolk, 95-1521 (1995)

Court: Court of Appeals for the First Circuit Number: 95-1521 Visitors: 4
Filed: Dec. 07, 1995
Latest Update: Mar. 02, 2020
Summary: , ____________________, Michael L. Rosen, Paul V. Lyons, and Foley, Hoag Eliot on brief, ________________ _____________ ___________________, for appellees. Hoover now appeals.attend the conference would result in dismissal of the case.unjustifiably disobeyed a court order.
USCA1 Opinion




December 7, 1995 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT





____________________

No. 95-1521

BENJAMIN HOOVER, JR.,

Plaintiff, Appellant,

v.

SUFFOLK UNIVERSITY LAW SCHOOL BOARD OF TRUSTEES, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge] ___________________

____________________

Before

Selya, Cyr and Stahl,
Circuit Judges. ______________

____________________

Benjamin Hoover, Jr. on brief pro se. ____________________
Michael L. Rosen, Paul V. Lyons, and Foley, Hoag & Eliot on brief ________________ _____________ ___________________
for appellees.


____________________


____________________
























Per Curiam. The district court dismissed Benjamin ___________

Hoover's 42 U.S.C. 1981 suit for his counsel's failure to

attend a status conference. Hoover now appeals. We affirm.



After Hoover's case had been pending for nearly four

months, the court issued a notice advising Hoover's counsel

that it would hold a status conference in two weeks. Counsel

asserts that she did not receive this notice, but, five days

before the conference was to take place, Hoover told her

about it. Counsel then called a district court clerk to

reschedule the conference. After discussion, the clerk

declined to reschedule, warning counsel that failure to

attend the conference would result in dismissal of the case.

Several hours before the conference was held, counsel moved

for a continuance, which was denied. She did not attend the

conference. Her motion advanced only one colorable reason

for not attending. It averred that the date "was a problem

with regard to other matters I had scheduled for that date."

Concluding, apparently, that counsel had no good reason for

failing to appear, the court dismissed the action.

Our cases make clear that a district court may dismiss a

case with prejudice if plaintiff or counsel has willfully or

unjustifiably disobeyed a court order. Compare Barreto v. _______ _______

Citibank, N.A., 907 F.2d 15, 16 (1st Cir. 1990), and Goldman, ______________ ___ ________

Antonetti, Ferraiuoli, Axtmayer & Hertell v. Medfit ________________________________________________ ______



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International, Inc., 982 F.2d 686, 692 (1st Cir. 1993), with ___________________ ____

Velazquez-Rivera v. Sea-Land Service, Inc., 920 F.2d 1072, ________________ _______________________

1076-77 (1st Cir. 1990) and Benjamin v. Aroostook Medical ___ ________ _________________

Center, Inc., 57 F.3d 101, 108 (1st Cir. 1995). Hoover bears ____________

the burden of establishing the requisite excuse or lack of

willfulness. Taylor v. Medtronics, Inc., 861 F.2d 980, 987 ______ ________________

(6th Cir. 1988); Adkins v. United States, 816 F.2d 1580, 1582 ______ _____________

(Fed. Cir. 1987) (dismissals for failure to comply with

discovery orders). Counsel has offered no valid explanation

for her failure to attend the conference, and so we conclude

that dismissal was not an abuse of discretion.

Affirmed. See 1st Cir. Loc. R. 27.1. _____________________________________





























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Source:  CourtListener

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