The following excerpt is from Fezzani v. Bear, Stearns & Co., No. 09-4414-cv (2nd Cir. 2013):
We review a district court's decision to dismiss an action for failure to prosecute for an abuse of discretion. See Shannon v. GE, 186 F.3d 186, 193 (2d Cir. 1999). In making this determination, we examine five principal factors: (1) the duration of the plaintiff's failures, (2) whether plaintiff had received notice that further delays would result in dismissal, (3) whether the defendant is likely to be prejudiced by further delay, (4) whether the district judge has taken care to strike the appropriate balance between alleviating court calendar congestion and protecting a party's right to due process and a fair chance to be heard, and (5) whether the judge has adequately assessed the efficacy of lesser sanctions. Id. at 193-94.
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