Filed: Jul. 27, 2001
Latest Update: Feb. 22, 2020
Summary: , INC., ET AL.and Lipez, Circuit Judge. on, brief for appellant.comply with a court order.subject-matter jurisdiction over its case.complaint.Unanue-Casal v. Unanue-Casal, 898 F.2d 839, 841 (1st Cir. Laws Ann.Otoki file a status report.granted and the judgment of the district court is affirmed.
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 96-2262
OTOKI GROUP, INC.,
Plaintiff, Appellant,
v.
GIBRALTAR, P.R., INC., ET AL.,
Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Daniel R. Domínguez, U.S. District Judge]
Before
Torruella, Circuit Judge,
Bownes, Senior Circuit Judge,
and Lipez, Circuit Judge.
Jose R. Garcia Perez, Esq. and Bufete Bennazar, C.S.P. on
brief for appellant.
July 23, 2001
Per Curiam. Otoki Group, Inc. (“Otoki”) appeals from the
district court’s order dismissing its complaint for failure to
comply with a court order. Otoki argues on appeal that the
district court erred in not remanding its case to the
Commonwealth court in Puerto Rico, because the court lacked
subject-matter jurisdiction over its case. Otoki further argues
that the district court abused its discretion in dismissing the
complaint.
A district court has inherent authority to manage its docket
and may impose sanctions when it finds that its process has been
abused even in the absence of subject matter jurisdiction. Cf.
Unanue-Casal v. Unanue-Casal,
898 F.2d 839, 841 (1st Cir. 1990)
(imposing Fed.R.Civ.P. 11 sanctions after dismissing a petition
for removal to federal court). Thus, we decline to decide
whether the district court had subject-matter jurisdiction,
because, in the present circumstances where appellant has not
shown that filing a new action in Commonwealth court is barred
by the statute of limitations, see 31 P.R. Laws Ann. § 5303, we
conclude that the district court did not abuse its discretion in
dismissing Otoki’s complaint without prejudice as a sanction for
Otoki’s failure to comply with the district court’s order that
Otoki file a status report. See John’s Insulation, Inc. v. L.
Addison and Associates, Inc.,
156 F.3d 101, 108 (1st Cir. 1998).
Accordingly, appellant’s motion requesting adjudication on its
brief without oral argument, pursuant to Fed.R.App.P. 34(f) is
granted and the judgment of the district court is affirmed.