Dee Monbo, proceeding pro se, filed a pre-award bid protest in the United States Court of Federal Claims challenging a United States Air Force solicitation for medical and education training support. Shortly after filing, Monbo submitted a defective request for emergency relief and failed to respond to the court's repeated attempts to contact her regarding an initial status conference. The trial court scheduled a telephonic conference and ordered Monbo to file a joint status report, but she did not appear or participate. After Monbo failed to appear at the January 15, 2025 conference, the court ordered her to show cause why the case should not be dismissed. Monbo responded but offered no good faith explanation, citing a mistaken belief that the court lacked jurisdiction and that she had a right to counsel at the conference. She again failed to appear at a subsequent conference on January 23, 2025, sending a brief email without explanation. The trial court dismissed the case for failure to prosecute, rejecting Monbo's arguments as insufficient cause for her non-compliance.
The Federal Circuit applied an abuse of discretion standard to review the trial court's dismissal under Rule 41(b) of the Rules of the United States Court of Federal Claims, which allows dismissal if a plaintiff fails to prosecute or comply with court orders. The appellate court found no abuse of discretion because Monbo repeatedly ignored clear and unambiguous orders to appear at status conferences and provide status reports. The court emphasized that a party, even one proceeding pro se, cannot refuse to comply with an order simply because they believe the court has erred. The Federal Circuit noted that Monbo's arguments regarding jurisdiction and the right to counsel were unavailing; the trial court had correctly determined that a constitutional right to counsel does not apply in civil cases and that a defective notice of appeal did not divest the court of jurisdiction. The court cited the principle that all court orders must be complied with promptly, and the proper remedy for a believed error is to appeal after an unfavorable order is entered, not to ignore the order. Because Monbo made a deliberate choice to defy the court's orders without valid justification, the dismissal was well within the trial court's discretion.
The dismissal of Monbo's bid protest remains in effect, leaving the government's procurement process for the Air Force solicitation unaffected. The decision clarifies that pro se litigants in the Court of Federal Claims are held to the same procedural standards as represented parties regarding compliance with orders and attendance at conferences. There are no remand instructions as the case was affirmed; the underlying solicitation challenge is effectively closed unless Monbo can establish a new basis for filing a separate, timely protest.
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