“An involuntary dismissal is an extreme sanction reserved for an incorrigible plaintiff that has failed to comply with case deadlines to the demonstrated prejudice of a diligent defendant. Here the Plaintiff moved to reopen two stayed cases that neither side was actively litigating, and in response the district court dismissed the cases for failure to prosecute. The court did so in the absence of (a) any violation of a court order or deadline or any bad faith by the Plaintiff; (b) any showing that Defendants had actually been prejudiced (c) any concern for the merits of Plaintiff’s claims; or (d) any attempt to consider alternative sanctions short of dismissal. Was that an abuse of discretion?”
“AFFIRMED. See Fed. Cir. R. 36.”
