Marc Saeed Sultana v. Tom Wychor, Individual Defendant Endeavor Air Corporation

United States Court of Appeals
For the Eighth Circuit
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No. 23-3369
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Marc Saeed Sultana
lllllllllllllllllllllPlaintiff - Appellant
v.
Tom Wychor, Individual
lllllllllllllllllllllDefendant
Endeavor Air Corporation
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the District of Minnesota
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Submitted: August 13, 2024
Filed: August 16, 2024
[Unpublished]
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Before SHEPHERD, KELLY, and STRAS, Circuit Judges.
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PER CURIAM.

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Marc Saeed Sultana appeals the district court’s1 with-prejudice dismissal of his
employment discrimination action for failure to prosecute and to follow court orders.
He also moves for reconsideration of the clerk’s order striking his overlength reply
brief. Following a careful review, we conclude the district court did not err in
dismissing the case with prejudice. See Smith v. Gold Dust Casino, 526 F.3d 402,
404 (8th Cir. 2008) (reviewing dismissal under Fed. R. Civ. P. 41(b) for abuse of
discretion); Keefer v. Provident Life & Accident Ins. Co., 238 F.3d 937, 940-41 (8th
Cir. 2000) (reviewing award of sanctions under Fed. R. Civ. P. 37 for abuse of
discretion); Rodgers v. Curators of Univ. of Mo., 135 F.3d 1216, 1219 (8th Cir. 1998)
(reviewing for clear error district court’s factual findings that party willfully
disregarded court orders and prejudiced movant); see also Fed. R. Civ. P. 16(f)
(district court may dismiss action with prejudice for failure to obey scheduling or
pretrial order and must order payment of expenses).
Accordingly, we deny the pending motion and affirm. See 8th Cir. R. 47B.
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1The Honorable Jerry W. Blackwell, United States District Judge for the
District of Minnesota, adopting the report and recommendations of the Honorable
Tony N. Leung, United States Magistrate Judge for the District of Minnesota.
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