Judge Sandra Townes
Cadet’s action against ADP Inc. dates to 2011. Initially dismissed for failure to show diversity Second Circuit remanded the case, ordering the court to permit Cadet to amend his complaint to show ADP’s principal place of business. Cadet’s subsequently alleged ADP was a New Jersey citizen, curing the jurisdictional defect. After reference to a magistrate judge, Cadet established an extensive history of failing to appear for conference and neglecting to provide adequate warning of adjournment requests. The court adopted the magistrate’s recommendation that Cadet’s action be dismissed under Federal Rules of Civil Procedure 16(f) and 37(b)(2)(A)(v). Conducting a de novo review out of an abundance of caution, the court confirmed the sanction of dismissal warranted. Cadet’s willful noncompliance lacked reasonable excuse. Not only did Cadet have ample notice for his missed appearances, but he also understood the procedure for seeking adjournment, and his duty to attend court-ordered conferences. Noting that he “flouted” simple court orders since April 2013, the court found no lesser sanction could remedy Cadet’s pattern of noncompliance. Monetary sanctions would be meaningless given that Cadet is proceeding in forma pauperis.
