At page 505 District court power to dismiss and control docket93 citing cases“a district court does, and indeed must, have the power to control and direct the cases on its docket.”
- Rylander, No. 4:25-cv-04211 (S.D. Tex. Feb. 25, 2026).(It is clear that a district court does, and indeed must, have the power to control and direct the cases on its docket.)
- Washington v. Edwards Lifesciences, No. 25-10357 (5th Cir. Nov. 5, 2025).unpublished([A] district court’s power to control its docket includes the inherent power to dismiss a case.)
- Abreu-Velez v. Bd. of Regents of the Univ. Sys. of Georgia, 248 F. App'x 116 (11th Cir. 2007).unpublished(where .... the statute of limitations prevents or arguably may prevent a party from refiling his case after it has been dismissed, we fail to see how a dismissal without prejudice is any less severe a sanction than a d…)
- Alls, No. 5:25-cv-00461 (M.D. Ga. Feb. 6, 2026).Justice v. United States, 6 F.3d 1474 , 1482 n.15 (11th Cir. 1993); Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981); Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc) (explaining the Eleventh Circuit has adopted…
- Sherman, No. 2:23-cv-06833 (E.D. La. Jan. 28, 2026). However, given the dates of the alleged events, the date Sherman filed the original complaint, and the applicable limitation period, Sherman would be precluded from having his claims heard on the merits if the Court were to deny his motion…
- Matherne, No. 2:24-cv-01561 (E.D. La. Jan. 8, 2026). (reversing a district court’s dismissal with prejudice and remanding for further proceedings when plaintiff was derelict in pursuit of his suit)
- Joseph Anderson v. Florida Attorney Gen., et. al., No. 2:25-cv-14389 (S.D. Fla. Dec. 5, 2025). In addition, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981).2 This includes the inherent power to dismiss a frivolous case.
- Hatten, No. 0:25-cv-62248 (S.D. Fla. Nov. 12, 2025).UNITED STATES OF AMERICA, Respondent. _____________________________________________/ ORDER DISMISSING PETITION THIS CAUSE is before the Court on Petitioner Timothy Lee Hatten’s pro se “ Petition for Writ of Error Coram Nobis, “ [DE-1] (col…
- Timothy Lee Hatten v. United States of Am., No. 0:25-cv-62199 (S.D. Fla. Nov. 5, 2025).UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 25-cv-62199-BLOOM (Case No. 90-cr-08065-COHN-9) TIMOTHY LEE HATTEN, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ____________________________________/ ORDER DISMISS…
- Makozy, No. 9:25-cv-80966 (S.D. Fla. Nov. 4, 2025).Lab’y, Inc., 537 F.2d 210 , 212–13 (5th Cir. 1976); Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B 1981); Stein v. Reynolds Secs., Inc., 667 F.2d 33, 34 (11th Cir. 1982).
Show 39 more citing cases
- Lee v. SW Airlines, No. 24-20346 (5th Cir. Sept. 29, 2025).unpublishedBecause this special tool in the district court’s toolkit imposes a severe sanction, it should be deployed “only in those situations where a lesser sanction would not better serve the interests of justice.” Burden v. Yates, 644 F.2d 503, 5…
- Perez v. OFAC, No. 1:25-cv-21073 (S.D. Fla. Aug. 12, 2025).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Valsaint v. State of Florida, No. 1:25-cv-21812 (S.D. Fla. Aug. 4, 2025).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Antoine v. Silva, No. 4:24-cv-00030 (W.D. Tex. June 10, 2025).(admonishing the district court for not imposing lesser sanctions for a party’s failure to comply with pre-trial order)
- Yolanda Hernandez v. Careersource Palm Beach Cnty., Inc., No. 23-12285, 2025 WL 1541367 (11th Cir. May 30, 2025).unpublishedCorp., S.A., 711 F.2d 989, 998 (11th Cir. 1983) (quoting Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981)).
- Samuel Smith, Jr. v. Stuart Perkins, No. 24-13451 (11th Cir. May 9, 2025).unpublished(quota- tion marks omitted)
- Jenkins, Corthoris v. State of Florida, No. 1:25-cv-21593 (S.D. Fla. Apr. 8, 2025).In addition, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Efstathion v. CBRE Capital Markets, Inc., No. 0:24-cv-60754 (S.D. Fla. Mar. 19, 2025).Lab’y, Inc., 537 F.2d 210 , 212–13 (5th Cir. 1976); Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B 1981); Stein v. Reynolds Secs., Inc., 667 F.2d 33, 34 (11th Cir. 1982)).
- Stinson Sr. v. Nationstar Mortg. LLC, No. 1:25-cv-20513 (S.D. Fla. Feb. 20, 2025).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981)1 (citations omitted).
- Smith Jr. v. Rosado, No. 1:24-cv-25106 (S.D. Fla. Jan. 6, 2025).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Vanness v. Glass, No. 1:24-cv-24776 (S.D. Fla. Dec. 20, 2024).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Samuel Lee Smith, Jr. v. Jesus Valdivia, No. 24-11700, 2024 WL 5117156 (11th Cir. Dec. 16, 2024).unpublishedIn other words, under such circumstances, a dismissal without prej- udice is “‘tantamount to a dismissal with prejudice.’” Id. at 1280 (quoting Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B 1981)).
- London v. City of Miami, No. 1:24-cv-24381 (S.D. Fla. Dec. 4, 2024).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981)1 (citations omitted).
- Granger v. Moneymaker, No. 6:23-cv-01182 (W.D. La. Nov. 18, 2024).P. 41(b); see also Love v. Hunt, 96 F.3d 1445 (Sth Cir. 1996) (“Unless otherwise specified in the order of dismissal, a dismissal under Rule 41(b) operates as an adjudication on the merits, and thus as a dismissal with prejudice.”’) 8 Long…
- Self v. Bomnin Motors, No. 1:24-cv-23440 (S.D. Fla. Sept. 17, 2024).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Magnificent Celestial Serv. Ministries 604734363 v. Hertz, No. 1:24-cv-22761 (S.D. Fla. Aug. 26, 2024). WATSON, THIRD PARTY PURCHASER KE REYES PROPERTY MMGT., AND ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY, DOES 1 THROUGH 15, Defendants. _______________________________________________…
- Affordable Aerial Photography, Inc. v. Prop. Matters USA, LLC, 108 F.4th 1358 (11th Cir. 2024).publishedSee, e.g., Mickles v. Country Club Inc., 887 F.3d 1270, 1280 (11th Cir. 2018); Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B May 1981). 7 None of the cases Property Matters cites in support of this second proposition, however, concer…
- Darling v. Zavaleta, No. 1:24-cv-21541 (S.D. Fla. July 15, 2024).Moreover, a “district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Waseem Daker v. Therese Barnes, No. 21-13801, 2024 WL 3373557 (11th Cir. July 11, 2024).unpublishedDismissal of claims without prejudice can have “the ef- fect of precluding [an] appellant from refiling his claim due to the running of the statute of limitations,” making it “tantamount to a dismissal with prejudice.” Burden v. Yates, 644…
- Hamilton, Kevin L. v. Ardon, No. 2:24-cv-14184 (S.D. Fla. June 25, 2024). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Owens v. United States, No. 1:23-cv-24937 (S.D. Fla. Jan. 2, 2024). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- McGill v. Wells Fargo Bank N/A, No. 1:23-cv-24734 (S.D. Fla. Dec. 19, 2023). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Cardona v. Facebook Parent Co. Meta, No. 1:23-cv-23171 (S.D. Fla. Aug. 22, 2023). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Green v. Monroe Cnty. Det. Facility, No. 4:23-cv-10067 (S.D. Fla. Aug. 18, 2023).Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).1 This includes the inherent power to dismiss a case,…
- Anthony Wright v. Waste Pro USA Inc, 69 F.4th 1332 (11th Cir. 2023).publishedLab’y, Inc., 537 F.2d 210 , 212–13 (5th Cir. 1976); Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B 1981); Stein v. Reynolds Secs., Inc., 667 F.2d 33, 34 (11th Cir. 1982).
- Nepton v. Rausch, No. 0:23-cv-60936 (S.D. Fla. May 24, 2023). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- King v. The S. Poverty Law Ctr., Inc., No. 2:22-cv-00207, 2023 WL 3061825 (M.D. Ala. Apr. 24, 2023).In federal court, “a dismissal without prejudice is tantamount to a dismissal with prejudice when the dismissal has the effect of precluding a party from refiling his claim due to the running of the statute of limitations.”4 Parrish v. For…
- Westberry v. Altfield, No. 1:23-cv-20607 (S.D. Fla. Feb. 16, 2023). Moreover, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981) (citations omitted).
- Zurich Am. Ins. Co. v. Walker, No. 2:20-cv-00696 (M.D. Ala. Aug. 10, 2022).It did not. “[A] dismissal without prejudice is tantamount to a dismissal with prejudice when the dismissal has the effect of precluding a party from refiling his claim due to the running of the statute of limitations.” Parrish v. Ford Mot…
- King v. Aikens, No. 5:21-cv-00215 (M.D. Ga. Aug. 9, 2022).(both discussing the effect of dismissals without prejudice when the statute of limitations has expired)
- Young v. Corizon LLC, No. 3:19-cv-00749 (M.D. Fla. May 27, 2022).However, where a dismissal of the case “has the effect of precluding [plaintiff] from refiling his claim due to the running of the statute of limitations . . . [t]he dismissal [is] thus tantamount to a dismissal with prejudice.” Justice v.…
- Garsa v. Shoemaker, No. 1:21-cv-00113 (S.D. Tex. Oct. 8, 2021).While a dismissal without prejudice is recommended, such a dismissal may amount to a dismissal with prejudice, if the “statute of limitations prevents or arguably may prevent a party from refiling his case after it has been dismissed.” Bur…
- Babcock v. Olson, No. 2:20-cv-14381 (S.D. Fla. Dec. 4, 2020).Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B May 1981).
- Rodriguez Cruz v. Jones, No. 4:20-cv-10141 (S.D. Fla. Nov. 29, 2020).Ultimately, “a district court does, and indeed must, have the power to control and direct the cases on its docket.” Burden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B May 1981) (citations omitted).
- Nguyen v. SFM, LLC, No. 4:19-cv-00722 (E.D. Tex. Nov. 2, 2020).However, dismissal with prejudice is a “drastic remedy to be used only in those situations where a lesser sanction would not better serve the interests of justice.” Morris v. Ocean Sys., Inc., 730 F.2d 248, 251 (5th Cir. 1984) (citing Burd…
- Waseem Daker v. Warden, No. 18-14984 (11th Cir. Feb. 14, 2020).unpublishedBurden v. Yates, 644 F.2d 503, 505 (5th Cir. 1981). 7 Case: 18-13800 Date Filed: 02/14/2020 Page: 8 of 9 When “a more carefully drafted complaint” might state a claim, the plaintiff must be given a chance to amend.
- Alexander Eugenio Moskovits v. Aldridge Pite, LLP, 677 F. App'x 510 (11th Cir. 2017).unpublishedBurden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B 1981); 9 see also Dynes, 720 F.2d at 1499 (finding that district court’s dismissal for violation of court order was not an abuse of discretion, even though plaintiffs violation was minor,…
- Joel Romero v. Comm'r of Soc. Sec., 670 F. App'x 687 (11th Cir. 2016).unpublishedRomero moved for reconsideration on the ground that the denial of his motion to reopen, which occurred after the deadline expired to challenge the Commissioner’s decision, was “tantamount to a dismissal [of his complaint] with prejudice.”…
- Gerald A. West v. C. Peoples, 589 F. App'x 923 (11th Cir. 2014).unpublishedBurden v. Yates, 644 F.2d 503, 505 (5th Cir. Unit B May 1981).
At page 504 Determining record of delay or contumacious conduct6 citing cases
- Clarence McFarlin, Jr. v. Douglas Cnty., 587 F. App'x 593 (11th Cir. 2014).unpublished In Burden v. Yates, 644 F.2d 503, 504-05 (5th Cir. Unit B May 1981), 2 we held the district judge improperly had dismissed the case without prejudice, because of the plaintiffs failure to comply with a pretrial order.
v.
Thomas Larry YATES and Marion H. Reece, Defendants-Appellees
The district court dismissed this case because of the plaintiff’s failure to comply with an order of the court. We reverse and remand.
I
Frank Burden filed this Motor Vehicle Information and Cost Savings Act case, 15 U.S.C. § 1981 et seq. (1976), on April 17, 1979. He appeals because the district court dismissed that suit when he failed to comply with a pretrial order. Appellant’s actions in this case reveal, at best, a sorely deficient approach to litigation. We shall describe briefly the appellant’s behavior.
On three successive occasions appellant failed to obey the clear directives of the district court. First, appellant was late in filing a status report that the court had requested. Next, the court provided explicit instructions for preparation and submission of a pre-trial order, yet the appellant failed to comply with this order as well. After the initial pre-trial order due date had passed, the court extended the deadline and issued another directive mandating submission of the pre-trial orders. This directive stated specifically: “Failure to comply will result in dismissal of the case.” Record, vol. 1 at 79. Once again, appellant failed to comply with the court’s order and thus, pursuant to the clear language of its previous order, and pursuant to Federal Rules of Civil Procedure 41(b) [1] and Local Court Rule 131.12 [2] , the court dismissed the case.
[*505] At the time of this dismissal, the relevant statute of limitations had run on appellant’s cause of action. Therefore, the dismissal had the effect of precluding appellant from pursuing his case in a subsequent action. Appellant filed a motion to alter or amend the dismissal in light of its preclusive effect, asserting that noncompliance was due to his negligence rather than bad faith. The motion was denied and this appeal followed.
II
It is clear that a district court does, and indeed must, have the power to control and direct the cases on its docket. Brown v. O’Leary, 512 F.2d 485, 486 (5th Cir. 1975); Pond v. Braniff Airways, Inc., 453 F.2d 347, 349 (5th Cir. 1972). It is also clear that a district court’s power to control its docket includes the inherent power to dismiss a case. Hyler v. Reynolds Metal Co., 434 F.2d 1064, 1065 (5th Cir. 1970), cert. denied, 403 U.S. 912, 91 S.Ct. 2219, 29 L.Ed.2d 689 (1971). Therefore, absent other circumstances, the district court appears to have acted well within the bounds of its discretion, Brown v. O’Leary, 512 F.2d at 486, in responding to the appellant’s derelict pursuit of this litigation. Difficulty arises, however, because this dismissal, while made without prejudice, has the effect of precluding appellant from refiling his claim due to the running of the statute of limitations. The dismissal was thus tantamount to a dismissal with prejudice, “a drastic remedy to be used only in those situations where a lesser sanction would not better serve the interests of justice.” Brown v. Thompson, 430 F.2d 1214, 1216 (5th Cir. 1970).
In a directly analagous situation, Boaz-man v. Economics Laboratory, Inc., 537 F.2d 210, 213 (5th Cir. 1976), we noted that “[w]here ... the statute of limitations prevents — or arguably may prevent — a party from refiling his case after it has been dismissed, we fail to see how a dismissal without prejudice is any less severe a sanction than a dismissal with prejudice,” and ruled:
[Dismissal with prejudice is such a severe sanction that it is to be used only in extreme circumstances.... In the past, we have found that lesser sanctions would suffice in all but the most flagrant circumstances.
In light of this standard, but with extreme reluctance, we find that this dismissal was inappropriate. Compare Martin-Tri-gona v. Morris, 627 F.2d 680 (5th Cir. 1980) (dismissal appropriate when plaintiff failed to respond to motion to dismiss for thirteen months). Two factors force us to make this decision. First, while extremely inappropriate, appellant’s failure to comply with the court order was more a matter of negligence than purposeful delay or contuma-ciousness. See Durham v. Florida East Coast Railway Co., 385 F.2d 366, 368 (5th Cir. 1967). See also Gonzalez v. Firestone Tire & Rubber Co., 610 F.2d 241, 247 (5th Cir. 1980). This mitigates the seriousness of appellant’s offense. Second, the district court failed to employ lesser sanctions before dismissing the case. See Brown v. Thompson, 430 F.2d at 1216. Appellant’s course of conduct provided the court with several opportunities to discipline him for failure to obey court directives. The proper course would have been to impose such lesser sanctions as costs or fines when appellant initially acted improperly, and then, if these failed to deter the conduct, to impose the greater sanction of dismissal. Such an approach would provide opportunity to correct inappropriate conduct while still allowing pursuit of the underlying cause of action— at least until the lesser sanctions are proved inadequate.
In reversing this dismissal we wish to emphasize that on remand the district court has the power to impose sanctions necessary to deter future conduct of this sort by appellant, and to impose costs adequate to make appellee whole for those expenses attributable to appellant’s conduct below. See Connolly v. Papachristid Shipping Ltd., 504 F.2d 917, 920 (5th Cir. 1974).
[*506] The case is REVERSED and REMANDED for further proceedings consistent with this opinion.
REVERSED and REMANDED.
. “For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for a dismissal of an action or of any claim against him.”
. “In these instances, and in other instances provided by law or court rules, the Court may, with or without notice to the parties, dismiss any case other than a criminal case for want of prosecution:
If plaintiff or his attorney shall, after notice, fail or refuse to appear at the time and place fixed for pre-trial, or other hearing, or trial in a case, or fail or refuse to obey a lawful order of the Court in the case.”