John Calon v. Bank of America Corporation, No. 19-2839 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Erickson, Grasz and Kobes, Circuit Judges] Civil case - Civil Procedure. The district court did not abuse its discretion in dismissing the action as a sanction for plaintiff's failure to comply with pretrial scheduling orders. [ March 12, 2020 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2839 ___________________________ John C. Calon lllllllllllllllllllllPlaintiff - Appellant v. Bank of America Corporation Defendant Bank of America Corporation N.A. lllllllllllllllllllllDefendant - Appellee Mr. Bank of America Corporation; Brian Moynihan llllllDefendants ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: March 9, 2020 Filed: March 13, 2020 [Unpublished] ____________ Before ERICKSON, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. John Calon appeals from the district court’s1 dismissal with prejudice of his complaint asserting claims relating to a home equity loan, based on his failure to comply with pretrial scheduling orders. See Fed. R. Civ. P. 41(b). After remand, see Calon v. Bank of Am., N.A., 915 F.3d 528 (8th Cir. 2019), the case was set for trial, and Calon failed to submit any of the required pretrial or trial filings after the district court repeatedly informed him of the deadlines, granted him multiple extensions, and warned him that his case would be dismissed if he failed to comply with the court’s orders. Upon careful review of the parties’ arguments on appeal, the circumstances of this case, and the district court’s consideration of lesser sanctions, we conclude the district court did not abuse its discretion. See Rodgers v. Curators of Univ. of Missouri, 135 F.3d 1216, 1219-20 (8th Cir. 1998) (standard of review); see also Hunt v. City of Minneapolis, Minn., 203 F.3d 524, 526-28 (8th Cir. 2000). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. -2-
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