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Tower Ventures, Inc. v. City of Westfield
United States Court of Appeals for the First Circuit
296 F.3d 43 (1st Cir. 2002)
The planning board for the City of Westfield, Massachusetts (City) (defendant) denied Tower Ventures, Inc. (Ventures) (plaintiff) a permit for building a wireless-communication tower. Ventures sued the City, alleging that the planning board’s decision was arbitrary. On May 30, 2001, the district court issued a scheduling order, requiring that Ventures disclose certain information by July 16, 2001. Ventures failed to meet this deadline. On August 14, 2001, both parties moved to extend the deadlines in the scheduling order. Ventures stated that it had been unable to comply with the scheduling order due to scheduling issues. Ventures requested a deadline of August 17, 2001 to comply with the scheduling order and a deadline of October 19, 2001 for its submission of a motion for summary judgment. The district court granted both extensions. Ventures failed to meet both deadlines. On November 6, 2001, the district court ordered Ventures to show cause why its complaint should not be dismissed with prejudice. Ventures argued that the City had not objected to or been prejudiced by the delay, but failed to give a reason for its noncompliance other than that its counsel had been preoccupied. The district court dismissed the complaint based on Ventures’s failure to comply with the district court’s orders.
Rule of Law
Holding and Reasoning (Selya, J.)
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