Sanders (plaintiff) sued his employer Union Pacific Railroad Company (Union Pacific) (defendant) for an injury he sustained at work under the Federal Employer’s Liability Act. The trial judge issued an order laying out the schedule for filing of motions and other pretrial documents and threatened sanctions for failure to comply, which included dismissal of the case. Sanders’s attorney failed to comply with most of these requirements because he had been too busy with another case and was not receiving cooperation from Union Pacific attorneys. He did not file for a continuance. The court dismissed Sanders’s action with prejudice. Sanders appeals the district court’s dismissal.