Souza Lima Viana v. United States, 1:24-cv-03118

Plaintiff Raphael Souza Lima Viana filed an action under the Federal Tort Claims Act (FTCA) against the United States following a June 4, 2023 motor vehicle accident involving a USPS vehicle.
The United States answered the complaint, and initial conferences and deadlines for discovery were set by the Court.
Plaintiff, while represented by counsel, repeatedly missed discovery deadlines and failed to communicate with both counsel and the Court.
Counsel for Plaintiff attempted several times to contact Plaintiff, who became unresponsive by late 2024.
Both Plaintiff and his counsel failed to appear at a mandatory status conference, leading to counsel's withdrawal and Plaintiff proceeding pro se.
The Government moved to dismiss the action due to failure to prosecute; the Court recommended dismissal without prejudice due to Plaintiff's sustained inactivity and noncompliance with court orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Dismissal for Failure to Prosecute	No argument offered; unresponsive	Plaintiff failed to prosecute the action, justifying dismissal	Recommended dismissal without prejudice
Warning of Dismissal	N/A	Plaintiff was repeatedly warned	Factor favors dismissal
Prejudice to Defendant	N/A	Prejudice presumed by extended inactivity	Prejudice presumed; favors dismissal
Efficacy of Lesser Sanctions	N/A	Lesser sanctions would not be effective	Only dismissal is effective

LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206 (2d Cir. 2001) (court's discretion in dismissal for failure to prosecute, emphasizing harshness and need for warning)
Parker v. Columbia Pictures Indus., 204 F.3d 326 (2d Cir. 2000) (good cause standard for modifying scheduling orders focuses on diligence)
Nita v. Connecticut Dep't of Envtl. Prot., 16 F.3d 482 (2d Cir. 1994) (reciting factors for dismissal for failure to prosecute; no single factor is dispositive)