BENTON – Attorney Brian Wendler of Edwardsville appeared in U. S. district court on Aug. 30 but client Randeep Singh of Las Vegas didn’t, so Senior U. S. District Judge Phil Gilbert dismissed the 2019 car crash case for lack of prosecution.
“The court is not obligated to frog march Singh through this litigation,” Gilbert wrote.
Wendler represented Singh after Stephen Slough of St. Louis withdrew.
Gilbert had warned that he’d dismiss Singh’s complaint against P. A. M. Transport of Arkansas and driver Alamoun Alkhatib of Texas if he didn’t appear.
He found that while in theory Singh wanted to pursue the action, in practice he wasn’t willing to do what it takes.
Slough filed Singh’s complaint in Madison County Circuit Court in November 2020, alleging injuries from a collision at Flying J in Pontoon Beach in 2019.
Singh didn’t serve the complaint on P. A. M. Transport until last October.
P. A. M. Transport removed it to district court on the basis of diverse citizenship and Gilbert set trial to start this Oct. 24.
P. A. M. Transport moved to dismiss the complaint for improper service and Gilbert denied the motion in January.
He found Singh informally notified P A. M. Transport’s counsel of the suit and regularly contacted an adjuster to try to settle.
He found Singh didn’t serve Alkhatib at all, and he ordered Singh to show cause why he shouldn’t dismiss Alkhatib.
On Feb. 2, Slough notified Gilbert that Singh served Alkhatib on Feb. 1.
In March, P. A. M. Transport moved to compel responses to interrogatories and production requests and the parties resolved it ahead of a hearing.
In April, P. A. M. Transport moved to compel production of medical authorizations and Gilbert granted it.
Slough moved to withdraw on May 17, “due to professional considerations.”
Gilbert granted it on May 24 and gave Singh 21 days to retain counsel or notify the court that he’d litigate for himself.
Gilbert held a telephone conference on June 9, and Singh didn’t dial in.
Gilbert issued a show cause order on June 23, with a July 14 deadline.
Wendler entered an appearance on June 24 and Gilbert discharged the order.
On July 18, Wendler and P. A. M. Transport counsel Michael Reda of Hepler Broom in Edwardsville appeared before Gilbert for a conference.
Reda said Singh didn’t comply with the order on medical authorizations.
Gilbert said he’d set another conference and dismiss if Singh didn’t appear.
On July 22, he set a conference on Aug. 18.
On Aug. 8, Wendler moved to amend the schedule leading to trial in October.
Reda objected on Aug. 9, alleging prejudice from starting over.
On Aug. 15, Gilbert postponed Singh’s last chance to Aug. 30.
Singh missed it, and Wendler told Gilbert he forgot about the hearing and was in Pennsylvania and couldn’t find a flight.
He said Singh wanted to prosecute his case.
Gilbert dismissed the complaint without prejudice on Sept. 2, finding Singh wasn’t willing or able to prosecute.
He wrote, “Delays from Singh’s delinquencies have piled up and have resulted in prejudice to the defendants.”
He found they suffered prejudice not so much in substance but in spending resources to pursue fixes.