Sheth v. BW/IP International ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20817
Summary Calendar
Ashok Sheth,
Plaintiff-Appellant,
versus
BW/IP International, Inc.,
John Donatiello, Don Segers,
Dan Sheehy, and Otto Rudinger,
Defendants-Appellees.
Appeal from the United States District Court
For the Southern District of Texas
(H-93-CV-4114)
October 18, 1996
Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ashok Sheth appeals the dismissal with prejudice of his
Title VII and ADEA claims. We will uphold a dismissal with
prejudice where there is a clear record of delay by the plaintiff
and lesser sanctions would not serve the best interests of justice.
Price v. McGlathery, 792 F.2d 472, 474 (5th Cir. 1986). The lower
court in this case tried to compel Sheth to attend depositions
before finding that Sheth’s delay could only be remedied by
*
Pursuant to Local Rule 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
dismissal. The district court’s ruling is therefore within its
discretion and the judgment is AFFIRMED.
2