Hardy v. HW & B, LLC

Background

Kyle Hardy brought breach-of-contract claims against HW & B, LLC in October 2016. The court stated that Hardy had taken little action to pursue the case after filing it.

On March 13, 2020, the court issued an order requiring Hardy to explain by March 26 why the case should not be dismissed without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). More than seven months later, Hardy had not responded. The court also stated that Hardy had not communicated with it since October 2016.

Court’s Analysis

For a dismissal under Rule 41(b), courts consider the length of the plaintiff’s delay, whether the plaintiff received notice that further delay could lead to dismissal, possible prejudice to the defendant, the court’s need to manage its docket while preserving the plaintiff’s opportunity to be heard, and whether lesser penalties would be effective. No single factor controls.

The court found that Hardy’s delays were significant and that he had failed to communicate with the court for approximately four years. After considering the relevant factors, the court determined that dismissal was warranted.

Ruling

Judge Nelson S. Roman ordered that the action be dismissed without prejudice for failure to prosecute. The Clerk of Court was directed to terminate the action, serve Hardy with the order at his last known residence, and document that service on the docket.