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Behind the face of Rule 16, a narrowly circumscribed area of power has developed which the judge may employ to compel obedience to his requests and demands relating to the pre-trial conference. This power may be founded either upon Rule 41(b) or upon the inherent power of courts to manage their calendars to have an orderly and expeditious disposition of their cases. Link v. Wabash R.R. Co. 370 U.S. 626, at 629-632. 8 L. Ed. 2d 734, 82 S. Ct. 1386.
Whatever the exact genesis of this power to compel obedience, the key is a failure to prosecute, ['Unless the violation of a local rule constitutes failure to prosecute, Rule 41 does not provide for dismissal for violation of a local rule.' 5 Moore's Federal Practice, P41.12 at 1137 n. 1 (1975 Supp.). ] whether styled as a failure to appear at a pre-trial conference, [Link v. Wabash R.R. Co., 370 U.S. 626, 8 L. Ed. 2d 734, 82 S. Ct. 1386; Beshear v. Weinzapfel, 474 F.2d 127 (7th Cir. 1973); Hyler v. Reynolds Metal Co., 434 F.2d 1064 (5th Cir. 1970), certiorari denied, 403 U.S. 912, 29 L. Ed. 2d 689, ...
