On February 10, 2006, plaintiff-appellant Maria Velazquez Linares slipped and fell while a patron at the post office in Catañо, Puerto Rico. Neither the details surrounding her fall nor the extent of her injuries and damages are germane to this appeal. Instеad, we fast-forward to March 3, 2008, when the plaintiff sued the United States *711 and others under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680.
The plaintiff duly filed her paper complaint in the district court. The Clerk issued a notice on March 13 stating that the case was subject to the electronic case management system. That is relevant because the court had in place a standing order — Standing Order No. 1 — providing in pertinent part that, in such cases, “parties shall promptly provide the Clerk with electronic copies of all documеnts previously provided in paper form.” The plaintiff did not furnish an electronic copy of her complaint. On March 24 — three weeks after the commencement of the suit — the district court, acting sua sponte, dismissed the action without prejudice. The cоurt at the same time fined plaintiffs counsel $150 as a sanction.
The plaintiff filed the complaint electronically five days latеr and moved for reconsideration. In that motion, her counsel explained that electronic filing had not been accomplished earlier because of a malfunctioning computer in his law office. Counsel attached a statement from a сomputer technician who verified the malfunction and related that he had been hired to repair the defect on March 22.
The district court denied the motion for reconsideration without comment on April 2. The next day, the plaintiff docketed a notiсe of appeal. The district court responded by issuing a nunc pro tunc electronic order noting that “even if counsel’s computer malfunctioned, he waited too long to cure his noncompliance with Standing Order No. 1.”
We need not tarry. When a trial сourt is faced with a violation of a court order, it may choose from a “broad universe of possible sanctions.”
Tower Ventures, Inc. v. City of Westfield,
Dismissal is among the most severe of sanctions, and it should not be imposed without good reason.
See Young v. Gordon,
Standing Order No. 1 does not рrovide a set time within which a party must furnish an electronic copy of a pleading previously filed in paper form. The order merely recites that the electronic copy shall be supplied “promptly.” That term has a protean quality; what is “prompt” in one person’s mind may not be “prompt” in another’s, and what is “prompt” in one set of circumstances may be laggardly in a diffеrent set of circumstances. Given this uncertainty, we think it ordinarily would require the passage of more time than elapsed here tо warrant sua sponte dismissal, without prior notice, on such a ground.
See Velázquez-Rivera v. Sea-Land Serv., Inc.,
The district court, of course, had two easily available alternatives. First, the court as an institution could have used a fixed time parameter in place of “prompt
*712
ly.” Second, the court in this case could have called the plaintiffs attention to Standing Order No. 1, demanded сompliance within a specified time frame, and then taken action if that demand had gone unrequited.
See, e.g., Chamorro v. Puerto Rican Cars, Inc.,
Were there aggravating circumstances, the situation might be more fluid.
See, e.g., Cósme Nieves v. Deshler,
Finally, the defendants have not made any showing of prejudice. Indeed, their main argument sеems to be that the dismissal order should not be treated seriously because it operated without prejudice. See Appellees’ Br. at 7. That argument overlooks the inevitable costs associated with reinstituting an action as well as the court’s imposition of a monetary sanction to accompany the dismissal.
We need go no further. In the peculiar circumstances of this case, we hold that the district court read the standing order too inflexibly and acted outside the realm of its discretion in dismissing the action and imposing a monetary sanction without first affording the plaintiff notice and a brief opportunity to cure.
See Vinci v. Consol. Rail Corp.,
The order for dismissal and for sanctions is reversed. The case is reinstated. All paHies shall bear their own costs.
Notes
. The district court has published a Manual for Civil and Criminal Cases, Administrative Procedure for Filing, Signing and Verifying Pleadings and Papers by Electronic Means in the United States District Court for the District of Puerto Rico, Rev. July 26, 2006 (the Manual). With respect to electronic filing, section II.A.2 of the Manual states that if a complaint is filed in paper form only, the Clerk shall notify the filer that she has twenty-four hours to file the complaint elеctronically. If no electronic copy is then filed, the Clerk shall issue a second notice. Id. There is no indication on the docket that any such notices were transmitted in this case.
