What is the test for dismissing a motion for failing to comply with a written order?

MultiRegion, United States of America

The following excerpt is from Kammona v. Midsummer Inv., Ltd., 16-2478 (2nd Cir. 2017):

consider "(1) the duration of the plaintiff's failure to comply with the court order, (2) whether plaintiff was on notice that failure to comply would result in dismissal, (3) whether the defendants are likely to be prejudiced by further delay in the proceedings, (4) a balancing of the court's interest in managing its docket with the plaintiff's interest in receiving a fair chance to be heard, and (5) whether the judge has adequately considered a sanction less drastic than dismissal." Id. (quoting Lucas v. Miles, 84 F.3d 532, 535 (2d Cir. 1996)). However, dismissals must "be [preceded] by particular procedural prerequisites, including notice of the sanctionable conduct, the standard by which it will be assessed, and an opportunity to be heard." Id. at 217 (internal quotation marks omitted).

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