Cartwright v. Silver Cross Hospital

Dist. Ct. did not err in dismissing for want of prosecution plaintiff-employee’s Title VII and ADEA actions alleging that he was victim of race, sex and age discrimination. Record showed that throughout four years of litigation, plaintiff repeatedly failed to appear for his deposition, missed status hearing, failed to follow local rules regarding motion practice, refused to respond to discovery requests despite repeated orders to do so and ignored Dist. Ct.’s orders that his conduct would lead to dismissal of his lawsuit. Record also showed that Dist. Ct. periodically recruited pro bono counsel to act on plaintiff’s behalf and dismissed instant case as sanction after fourth pro bono counsel filed successful motion to withdraw as counsel. Ct. also observed that Dist. Ct. should not have persisted in recruiting successive pro bono counsel to represent plaintiff, given plaintiff’s history of noncompliance with his discovery obligations.