December 7, 1995
____________________
No. 95-1521
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
____________________
____________________
br
Per Curiam.
___________
Hoover's 42 U.S.C.
The
district court
dismissed
Benjamin
failure to
attend
a status conference.
After
Hoover's case
months, the
had been
pending for
We affirm.
nearly four
asserts
that she did not receive this notice, but, five days
before the
about
Counsel
conference was
to take
Counsel then
called a
it.
reschedule the
declined
conference.
to reschedule,
place,
district court
After
warning
Hoover told
discussion,
counsel
that
clerk to
the
clerk
failure
Several hours
her
to
case.
attend the
conference.
Her motion
with
colorable reason
a problem
Concluding, apparently,
unjustifiably disobeyed
a court
order.
Compare
_______
or
Barreto v.
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Citibank, N.A., 907 F.2d 15, 16 (1st Cir. 1990), and Goldman,
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___ ________
Antonetti,
Ferraiuoli,
Axtmayer &
Hertell
________________________________________________
-2-
v.
Medfit
______
Velazquez-Rivera
________________
1076-77
(1st Cir.
1990) and
___
Benjamin v.
________
Aroostook Medical
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the burden
willfulness.
of establishing the
F.2d 1072,
Hoover bears
requisite excuse or
lack of
(6th Cir. 1988); Adkins v. United States, 816 F.2d 1580, 1582
______
(Fed.
Cir.
1987) (dismissals
discovery orders).
for
_____________
Counsel
for
failure
to comply
with
-3-