Vinci v. Consolidated Rail Corp‪.‬

Plaintiff, Angelo Vinci, appeals from the district courts sua sponte dismissal of his personal injury action for failure to prosecute. Fed. R. Civ. P. 41(b). Vinci worked for defendant, Consolidated Rail Corporation (Conrail), and was injured on the job on June 5, 1988. On November 18, 1988, he instituted this action under the Federal Employers Liability Act (FELA), 45 U.S.C. ? 51 et seq., claiming permanent and total disability. A discovery cut-off date was set by the court in June 1989, and the parties were ordered to submit a joint pretrial statement on or before September 29, 1989. Neither party submitted an order on that date. The trial court dismissed the case with prejudice on October 31, 1989, as a result of the failure to file the pretrial order.