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Swarm v. Siemens Business Communications System, Inc.
Citation: 9 F. App'x 512Docket: No. 99-4139
Court: Court of Appeals for the Seventh Circuit; May 21, 2001; Federal Appellate Court
Judith A. Swarm initiated a legal action in September 1996, alleging breach of contract and disability discrimination after being terminated while on paid disability leave for clinical depression. The district court established a discovery cut-off date of November 28, 1997, which Swarm sought to extend multiple times, resulting in extensions to February 1998 and then to April 24, 1998. A trial date was set for September 22, 1998, with a pretrial order due by September 8. Swarm's subsequent request for another discovery extension was denied. Following the defendants' motion for summary judgment on July 2, 1998, and additional motions from Swarm, the timeline for the trial was disrupted. In February 1999, the district court granted summary judgment for the defendants on Swarm's breach of contract claim but denied it regarding her discrimination claim. After a period of inactivity in the case, the court issued an order on October 5, 1999, requiring Swarm to show cause for her lack of prosecution. At a hearing on October 21, 1999, Swarm's counsel indicated that he was waiting for the court to set a trial date. The court did not dismiss the case but ordered a final pretrial order by November 4, 1999. Despite attempts from the defendants to collaborate on this order, Swarm's counsel failed to respond. The defendants subsequently moved to dismiss the case under Federal Rule of Civil Procedure 16(f) for Swarm's noncompliance with the pretrial order. Swarm's motion for a one-week extension was not timely filed, and she did not contest the defendants' motion to dismiss in court. The district court dismissed Swarm's case after granting the defendants' motion. Swarm subsequently attempted to vacate the dismissal under Federal Rule of Civil Procedure 59(e), which was denied, as was her motion to alter or amend the judgment under Rule 60(b). On appeal, Swarm contends the dismissal was overly harsh. The court noted that under Rule 16(f), dismissal is appropriate when a plaintiff fails to adhere to pretrial orders, especially where there is evidence of willfulness or bad faith. The appellate court reviews such dismissals for abuse of discretion, considering the entire procedural history. In this case, Swarm consistently ignored court deadlines, delayed proceedings by filing motions late, and missed court dates, despite warnings from the district court about the potential consequences of her inactivity. The delays prejudiced the defendants, as two witnesses left the company during the case. While the district court showed patience for over three years, Swarm's actions ultimately led to the dismissal. Swarm argued that she had not been adequately warned of the dismissal risk, but the court had issued a show cause order indicating the need for compliance. Furthermore, the district court was not obliged to impose lesser sanctions before dismissal, given the documented delays. Swarm's other claims, including arguments about the timing of the defendants' motion and her own diligence in discovery, were dismissed as unpersuasive. The district court's denial of Swarm's motions for reconsideration was upheld, as they merely reiterated her appeal arguments. The appellate court affirmed the district court’s judgment, noting that Swarm had voluntarily dismissed claims against a third defendant, IBM.