Esser v. McIntyre

Background

The court had ordered the parties to submit updated case-management statements by July 5, 2023, and to attend a case-management conference on July 11, 2023. Daniel Esser did not submit the required statement and did not appear at the conference.

Order to Show Cause

The court stated that Esser might no longer wish to prosecute the case. It ordered him to show cause—meaning to explain why the case should not be dismissed—for failing to comply with the court's orders. The court relied on Federal Rule of Civil Procedure 41(b), which allows dismissal when a plaintiff fails to prosecute or comply with the rules or a court order. The court also stated that it could dismiss the case on its own motion.

Hearing and Possible Dismissal

The court scheduled an order-to-show-cause hearing for September 26, 2023, at 2:00 p.m. Esser was required to tell the court whether he wished to continue prosecuting the case and explain his failure to attend the July 11 conference and file a case-management statement. The order did not dismiss the case at that time. It stated that the court would dismiss the case with prejudice if Esser failed to appear at the hearing. Judge Jon S. Tigar signed the order.