517 F. App'x 240
5th Cir.2013Background
- Griffins entered a mortgage later assigned to CitiMortgage; the loan agreement contains a broad arbitration rider under FAA and NAF rules.
- In 2006, CitiMortgage granted a loan modification; a post-modification misstatement underestimated principal by $32,356.30 and a corrected version was requested but not signed by Griffins, who refused and stopped paying.
- CitiMortgage and Morris & Associates pursued foreclosure; Emily Courteau is listed as attorney for the mortgagees.
- Griffins sued in Mississippi chancery court for fraud and breach of contract; the case was removed to federal court and compelled to arbitration.
- While on appeal, NAF withdrew from consumer arbitration; the Fifth Circuit remanded to address NAF withdrawal effects on enforcement of arbitration.
- District court dismissed for failure to prosecute after multiple counsel withdrawals and Griffins’ pro se objections; the court warned of dismissal and later dismissed the case; Griffins appeal the dismissal orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Rule 41(b) dismissal for failure to prosecute proper? | Griffins contend dismissal was improper and not justified by delay or conduct. | CitiMortgage argues the district court properly dismissed due to extensive inaction and repeated guidance warnings. | Yes, district court did not abuse discretion in dismissing for failure to prosecute. |
Key Cases Cited
- Link v. Wabash R.R. Co., 370 U.S. 626 (U.S. 1962) (abuse-of-discretion review and need to control litigation docket)
- McCullough v. Lunaugh, 835 F.2d 1126 (5th Cir. 1988) (dismissal for failure to prosecute)
- Pierce v. Underwood, 487 U.S. 552 (U.S. 1988) (supervision of litigation; abuse-of-discretion review context)
- Rogers v. Kroger Co., 669 F.2d 317 (5th Cir. 1982) (presence of aggravating factors in delay)
- Sealed Appellant v. Sealed Appellee, 452 F.3d 415 (5th Cir. 2006) (aggravating factors and personal responsibility for delay)