At page 1292 Determining when dismissal with prejudice is warranted30 citing cases“the court should resort to the dismissal of an action only when there has been 'a clear record of delay or contumacious conduct by the plaintiff.”
- Dusty Rhoades v. Sheriff John Montgomery, No. 3:24-cv-03040 (W.D. Ark. Apr. 15, 2026).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Garrison, No. 5:25-cv-05040 (W.D. Ark. Mar. 30, 2026).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Gauthier, No. 3:25-cv-03025 (W.D. Ark. Mar. 25, 2026).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Day, No. 3:24-cv-03047 (W.D. Ark. Jan. 12, 2026).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Day, No. 3:24-cv-03044 (W.D. Ark. Jan. 12, 2026).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Brewer, No. 5:24-cv-05233 (W.D. Ark. Nov. 20, 2025).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Thompson, No. 4:24-cv-04100 (W.D. Ark. Nov. 10, 2025).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Rosso, No. 5:24-cv-05096 (W.D. Ark. Oct. 20, 2025).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Johnson v. Martin, No. 1:23-cv-01087 (W.D. Ark. June 26, 2025).“At the same time, however, ‘dismissal with prejudice under Rule 41(b) is a drastic sanction which should be exercised sparingly.’” Id. (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Kens Aggressive Hauling LLC v. Nucor Corp., No. 3:23-cv-00093 (E.D. Ark. July 12, 2024).While the Court may dismiss an action with or without prejudice pursuant to Federal Rule of Civil Procedure 41(b), “[d]ismissal with prejudice under [Rule] 41(b) is a drastic sanction which should be exercised sparingly.” Brown v. Frey, 80…
Show 17 more citing cases
- Kaiser v. Gage, No. 5:23-cv-05117 (W.D. Ark. Jan. 26, 2024).To order dismissal with prejudice under Rule 41(b) “is a drastic sanction which should be exercised sparingly.” Brown, 806 F.2d at 803 (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Lowe v. Sturgeon, No. 1:23-cv-01013 (W.D. Ark. Nov. 1, 2023).To order dismissal with prejudice under Rule 41(b), however, “is a drastic sanction which should be exercised sparingly.” Brown, 806 F.2d at 803 (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Heabel v. State Farm Fire & Cas. Co., No. 1:21-cv-00099 (N.D. Iowa Sept. 11, 2023).Because a Rule 41(b) dismissal often operates as an adjudication on the merits of a case, such a dismissal “is a drastic sanction which should be exercised sparingly.” Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (quoting Pardee v. Sto…
- Neilton Gold v. Logan Edge, No. 5:22-cv-05185 (W.D. Ark. Aug. 31, 2023).To order dismissal with prejudice under Rule 41(b), however, “is a drastic sanction which should be exercised sparingly.” Brown, 806 F.2d at 803 (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir. 1983)).
- Gladney v. Wilson, No. 1:18-cv-00123 (N.D. Iowa Sept. 10, 2020).Because a Rule 41(b) dismissal often operates as an adjudication on the merits of a case, such a dismissal “is a drastic sanction which should be exercised sparingly.” Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (quoting Pardee v. Sto…
- Al Munford, Inc. v. United States, 86 F.3d 1178 (Fed. Cir. 1996).unpublishedSee generally Webber v. Eye Corp., 721 F.2d 1067, 1071 (7th Cir.1983); Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983); Carter v. City of Memphis, 636 F.2d 159, 161 (6th Cir.1980); Richman v. General Motors Corp., 437 F.2d 196, 199 (1s…
- Michele E. Shepherd v. Am. Broad. Companies, Inc., 62 F.3d 1469 (D.C. Cir. 1995).publishedSeveral circuits have held that a district court may not dismiss an action as a sanction for counsel’s dilatory conduct or a party’s failure to appear absent a “clear record of delay or contumacious conduct by the plaintiff.” E.g., Ford v.…
- Miller v. Benson, 51 F.3d 166 (8th Cir. 1995).published (dismissal with prejudice “only when there has been a ‘clear record of delay or contumacious conduct by the plaintiff)
- Burgs v. Johnson Cnty., 960 F.2d 1053 (8th Cir. 1992).unpublishedBecause it operates as an adjudication on the merits, a Rule 41(b) dismissal is " 'a drastic sanction which should be exercised sparingly.' " Brown v. Frey, 806 F.2d 801, 803 (8th Cir. 1986) (quoting Pardee v. Stock, 712 F.2d 1290, 1292 (8…
- Wright v. Sargent, 869 F.2d 1175 (8th Cir. 1989).published Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983). 8 Judicial discretion is "the responsible exercise of official conscience on all the facts of a particular situation," taking into consideration the purpose of the exercised power.
- Kenneth Ray Meade v. Grubbs, Badge No. 128, 841 F.2d 1512 (10th Cir. 1988).published Generally, a court should dismiss a claim only where there has been a “clear record of delay or contumacious conduct by the plaintiff.” Ford, 780 F.2d at 1583 , quoting Graves v. Kaiser Aluminum & Chemical Co., 528 F.2d 1360, 1361 (5th Cir…
- John William Brown v. Gerald Frey, 806 F.2d 801 (8th Cir. 1987).publishedAt the same time, however, “[dismissal with prejudice under [Rule] 41(b) is a drastic sanction which should be exercised sparingly.” Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983).
- Betty Clayton v. White Hall Sch. Dist., 778 F.2d 457 (8th Cir. 1985).publishedCunningham v. Yellowstone School District No. 14, 774 F.2d 1170 (8th Cir.1985) (per curiam); Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983).
- Haley v. Kansas City Star, 761 F.2d 489 (8th Cir. 1985).published "The court should resort to the dismissal of an action only when there has been 'a clear record of delay or contumacious conduct by the plaintiff.' " Pardee v. Stock, 712 F.2d at 1292 (citations omitted).
- White Mountain Apache Tribe of Arizona v. United States, 6 Cl. Ct. 575 (Ct. Cl. 1984).published(dismissal with prejudice for failure to comply with court order not justified where plaintiffs failure to personally attend hearing was merely “isolated incident of noncompliance)
- Michal K. Garland v. Samuel W. Peebles, 1 F.3d 683 (8th Cir. 1993).publishedSee, e.g., Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983) (citing St.
- HMG Prop. Investors, Inc. v. Parque Indus. Rio Canas, Inc., 847 F.2d 908 (1st Cir. 1988).publishedSee also Pardee v. Stock, 712 F.2d 1290, 1292 (8th Cir.1983) (similar).
At page 1291 Evaluating dismissal for failure to comply with court orders5 citing casesstandard of review
- Jackson v. Armontrout, 26 F.3d 126 (8th Cir. 1994).unpublishedPardee v. Stock, 712 F.2d 1290, 1291 (8th Cir. 1983).
- Haley v. Kansas City Star, 761 F.2d 489 (8th Cir. 1985).published "The court should resort to the dismissal of an action only when there has been 'a clear record of delay or contumacious conduct by the plaintiff.' " Pardee v. Stock, 712 F.2d at 1292 (citations omitted).
- Hezile Shabazz Earl Judy Kae Earl Tori Lee Allwhite v. Darrell Turner, 141 F.3d 1168 (8th Cir. 1998).unpublished(standard of review)
- Hezile Shabazz Earl v. Darrell Turner, No. 97-3884 (8th Cir. Apr. 7, 1998).unpublished(standard of review)
At page 1290 FAGG, Circuit Judge. G. Winfield Pardee appeals the district court’s dismissal of his action following Pardee’s failure to comply with a court order to attend…1 citing case
- Scott v. Assured Partners of Missouri, LLC, No. 4:20-cv-00727 (E.D. Mo. Nov. 10, 2020).Civ. P. 41(b) is a drastic sanction which should be exercised sparingly.” Pardee v. Stock, 712 F.2d 1290, 1290 (8th Cir. 1983).
v.
Sheldon K. STOCK and Sea Glint, Ltd., a Corporation, Appellees
G. Winfield Pardee appeals the district court’s dismissal of his action following Pardee’s failure to comply with a court order to attend a hearing. Because the dismissal of Pardee’s suit constituted an abuse of discretion by the district court, we reverse and remand for further proceedings.
On July 31,1980, Pardee filed a diversity action against Sheldon Stock and Sea Glint, Ltd., in the Southern District of Illinois. The case was transferred to the Eastern District of Missouri on October 1, 1981. Stock filed a request for production of documents on February 26, 1982. On June 18, 1982, trial in the case was set for September 7, 1982. Pardee’s attorney, George Ripplinger, Jr., filed a motion for leave to withdraw as his counsel on July 9, 1982. Five days later, Stock filed a motion for an order compelling discovery relating to the February 26th request for production. A hearing was scheduled for August 13, 1982, on Ripplinger’s motion to withdraw. The court sent the attorneys involved in the suit and Pardee notice ordering them to attend this hearing.
Pardee had planned to be in Florida for business on the hearing date, he did not contest Ripplinger’s withdrawal, and he felt the time and expense of returning for the hearing would be burdensome. Rather than ignoring the court’s order Pardee contacted the law firm of Stiehl and Stiehl and requested that they represent him at the hearing. Attorney Don Samson of the Stiehl firm called the court concerning the reasons for Pardee’s absence and William Stiehl, Jr. attended the August 13th hearing on Pardee’s behalf. The judge at this hearing acknowledged receiving prior notice that Pardee would not attend; despite this, he indicated that he was inclined to dismiss the case for failure to comply with orders of the court. On August 18, 1982, the district court judge issued an order dismissing Pardee’s case with prejudice pursuant to Fed.R.Civ.P. 41(b) for Pardee’s failure to comply with the court’s order to appear at the August 13th hearing.
On appeal Pardee contends that there was no clear pattern of contumacious conduct on his part and that the district court erred in failing to consider and apply less serious sanctions. A district court may, upon its own motion, dismiss an action for failure of the plaintiff to comply with any order of court. Link v. Wabash Railroad, 370 U.S. 626, 629-30, 82 S.Ct. 1386, 1388-1389, 8 L.Ed.2d 734, reh’g denied, 371 U.S.[*1292] 873, 83 S.Ct. 115, 9 L.Ed.2d 112 (1962); see M.S. v. Wermers, 557 F.2d 170 (8th Cir. 1977); Moore v. St. Louis Music Supply Co., 539 F.2d 1191 (8th Cir.1976); Fed.R.Civ.P. 41(b). On review, we must determine whether the district court abused its discretion in dismissing Pardee’s case with prejudice. See Moore v. St. Louis Music Supply Co., supra, 539 F.2d at 1193.
This necessarily requires us to consider whether in the particular circumstances of the case the needs of the court in advancing a crowded docket and preserving respect for the integrity of its internal procedures are sufficient to justify the harsh consequences of forever denying a litigant his day in court.
Id. Dismissal with prejudice under Fed.R. Civ.P. 41(b) is a drastic sanction which should be exercised sparingly. Navarro v. Chief of Police, 523 F.2d 214, 217 (8th Cir. 1975). Before resorting to such a dismissal the trial judge should consider alternative sanctions which do not impact so decisively upon the litigant. Moore v. St. Louis Music Supply Co., supra, 539 F.2d at 1193; see also Tolbert v. Leighton, 623 F.2d 585 (9th Cir.1980). The court should resort to dismissal of an action only when there has been a “clear record of delay or contumacious conduct by the plaintiff.” M.S. v. Wermers, supra, 557 F.2d at 175.
The record indicates that Pardee has not been involved in any prior instances of disobedience, of refusal to comply with court orders, or of disrespectful behavior. A motion to compel discovery was pending but the court had not taken any action on that motion. Although Pardee failed to appear at the hearing on his attorney’s motion to withdraw, he did not ignore the court’s order because he arranged to have counsel appear on his behalf at the hearing and notified the court prior to his absence. Pardee did not object to Ripplinger’s withdrawal and the court had not forewarned him, either in the scheduling order or after it learned Pardee was not going to appear, that his failure personally to attend the hearing would create a risk of dismissal. This isolated incident of noncompliance with the court’s order does not justify the trial court’s dismissal of Pardee’s suit.
We reverse and remand for consideration of alternative, appropriate sanctions for Pardee’s failure to appear which will assure completion of discovery and a prompt trial.