From our private database of 14,100+ case briefs...
Aura Lamp & Lighting Inc. v. International Trading Corp.
United States Court of Appeals for the Seventh Circuit
325 F.3d 903 (7th Cir. 2003)
Aura Lamp & Lighting Inc. (Aura Lamp) (plaintiff) sued International Trading Corp. (ITC) (defendant) in federal court on breach of contract and patent claims. Aura Lamp was permitted to amend the complaint’s inadequate assertion of diversity jurisdiction, but failed to do so until threatened with dismissal. ITC moved for dismissal or transfer, which was denied. The district court accepted Aura Lamp’s late brief over ITC’s objection. Aura Lamp failed to respond to ITC’s interrogatories, document requests, and requests for admission within 30 days, as required by the Federal Rules of Civil Procedure (FRCP). ITC agreed to two extensions, which Aura Lamp missed. ITC moved to compel discovery, asked that the requested admissions be deemed admitted, and requested sanctions. Aura Lamp’s attorney said he worked alone and Aura Lamp was a “one-man operation” without the resources to comply. The judge allowed Aura Lamp’s lawyer to set the discovery deadline, but repeatedly warned she would consider dismissal if it was missed. Aura Lamp produced no documents and served incomplete responses. ITC moved for dismissal for Aura Lamp’s violations of court orders, noncompliance with discovery, and failure to prosecute. Aura Lamp’s attorney claimed the conduct was not willful or wanton but caused by “unforeseen circumstances beyond his control.” The judge held that wilful and wanton misconduct was not required and dismissed for failure to prosecute. Aura Lamp appealed, arguing that (1) the district court applied the wrong standard, because dismissal required willful and wanton misconduct, (2) warnings were required before dismissal, and (3) less severe sanctions should have been considered.
Rule of Law
Holding and Reasoning (Rovner, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 223,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.