Sanders v. Union Pacific Railroad Co

154 F.3d 1037 (9th Cir. 1998)

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Nature of the Case

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Facts

Sanders (P) sued Union Pacific (D) under the Federal Employer's Liability Act for a work-related injury. The trial date was set for November 1996, and a pretrial conference was set 10 days before the trial. The judge also issued an order setting forth the various time frames for various motions, oppositions, proposed instructions, and other trial-related documents. The order warned that a failure to comply will result in sanctions. P's counsel refused to comply with almost all of the requirements of the pretrial order. (A list of offenses is contained on page 645 Yeazell 5th). During the pretrial conference with a law clerk, P's counsel explained his delay in the present matter as resulting from another lawsuit involving a multiple death train collision. P's counsel made it clear that he was not prepared to go to trial and suggested a dismissal without prejudice. The trial judge dismissed the action with prejudice. P appealed.