GARCIA-PEREZ v. HOSPITAL METROPOLITANO

No. 09-1721.

597 F.3d 6 (2010)

Monserrate GARCÍA-PÉREZ, et al., Plaintiffs, Appellants, v. HOSPITAL METROPOLITANO, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 24, 2010.


Attorney(s) appearing for the Case

Humberto R. Vázquez-Sandoval on brief for appellants.

Gloria M. De Corral and De Corral & De Mier on brief for appellee, Hospital Metropolitano.

Juan M. Masini-Soler on brief for appellees, Rafael Ramírez-Pepen, Conjugal Partnership Ramírez-Doe.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.


PER CURIAM.

On the scheduled trial date, which had been set only six days earlier, the district court, acting sua sponte, dismissed this case with prejudice "for lack of prosecution based on the plaintiffs' non-compliance with discovery deadlines," particularly their failure to produce a medical expert report. Without condoning the plaintiffs' lengthy and unjustified delay in producing their expert's report, we reluctantly vacate the dismissal because, in short, the...

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