Carroll v. Equifax Information Services

Background

Estelle Carroll, who was representing herself, filed her initial complaint on June 12, 2025. The court later dismissed that complaint without prejudice for lack of subject-matter jurisdiction. Carroll filed an amended complaint on August 19, 2025.

The court scheduled conferences to discuss Equifax’s proposed motion to dismiss. Carroll failed to appear at conferences on October 28, November 6, and November 13, 2025. The court had ordered her to personally attend the November 6 and November 13 conferences and warned that failure to attend would result in dismissal for failure to prosecute. Carroll did not provide a justification for missing the conferences.

Rule and Analysis

Federal Rule of Civil Procedure 41(b) allows a court to dismiss a complaint when a plaintiff fails to comply with a court order, treating that failure as a failure to prosecute. The court considered the duration of Carroll’s failures, the notice she received that further delays could lead to dismissal, possible prejudice to Equifax, the need to manage the court’s docket while respecting due process, and whether a lesser sanction would be effective.

The court found that Carroll had violated three court orders, failed to attend three required conferences, and showed no indication that she intended to continue prosecuting the case. Because she had received notice of the possible dismissal and lesser sanctions would not be effective, the court concluded that dismissal was warranted.

Disposition

Judge Gregory H. Woods dismissed Carroll’s claims against Equifax without prejudice for failure to prosecute under Rule 41(b). The Clerk of Court was directed to close the case.