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Sanders v. Union Pacific Railroad Co.

United States Court of Appeals for the Ninth Circuit

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

Relevant factsFree

Sanders (plaintiff) sued his employer Union Pacific (defendant) for a workplace injury under the Federal Employers' Liability Act. The trial court's pretrial order set filing deadlines and expressly warned that dismissal was a possible sanction for noncompliance; Sanders's attorney missed most of the deadlines, citing being consumed by another case and a lack of cooperation from Union Pacific's attorneys, and never moved for a continuance or alerted the court to the problem until the last minute. The trial court dismissed the case with prejudice, and Sanders appealed.

IssueFree

Whether a court may dismiss a claim when a party's attorney fails to obey a pretrial order.

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