- 7 - explicitly mention intervenors, Rule 1(a) provides that “Where in any instance there is no applicable rule of procedure, the Court * * * may prescribe the procedure, giving particular weight to the Federal Rules of Civil Procedure to the extent that they are suitably adaptable to govern the matter at hand.” Rule 41(b) of the Federal Rules of Civil Procedure provides that a court may dismiss a plaintiff for failure to prosecute.2 A court’s authority to dismiss for failure to prosecute is not limited to plaintiffs but extends to intervening parties. See, e.g., Scottsdale Ins. Co. v. Educ. Mgmt. Inc., No. Civ. A. 04-1053 (E.D. La., Aug. 31, 2006) (holding that certain intervening parties were properly dismissed for failure to prosecute their claims where they failed to appear at properly noticed depositions). At the call of the instant case from the Court’s October 30, 2006, trial session calendar in Atlanta, Georgia, respondent presented the Court with a proposed decision stipulated by petitioner and respondent, but not signed by intervenor, that would grant petitioner complete section 6015 relief. If intervenor did not agree with the proposed decision stipulated by respondent and petitioner, he had the right not to sign it, see Corson v. Commissioner, 114 T.C. 354 (2000), but he does not have 2We note that the power to dismiss for failure to prosecute is an inherent power of a court. Link v. Wabash R.R. Co., 370 U.S. 626, 629-630 (1962).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011