Filed: Oct. 19, 2015
Latest Update: Oct. 19, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . On September 25, 2015, Defendant alerted the Court that Plaintiff has been unresponsive, making it impossible to meet, confer, and prepare a joint case management report, as required by M.D. Fla. R. 3.05. (Doc. #23). After hearing these allegations, the Court ordered Plaintiff to contact Defendant, in person or telephonically, to prepare and file the joint case management report. (Doc. #28). The Court warned Plaintiff that failure to compl
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . On September 25, 2015, Defendant alerted the Court that Plaintiff has been unresponsive, making it impossible to meet, confer, and prepare a joint case management report, as required by M.D. Fla. R. 3.05. (Doc. #23). After hearing these allegations, the Court ordered Plaintiff to contact Defendant, in person or telephonically, to prepare and file the joint case management report. (Doc. #28). The Court warned Plaintiff that failure to comply..
More
ORDER1
SHERI POLSTER CHAPPELL, District Judge.
On September 25, 2015, Defendant alerted the Court that Plaintiff has been unresponsive, making it impossible to meet, confer, and prepare a joint case management report, as required by M.D. Fla. R. 3.05. (Doc. #23). After hearing these allegations, the Court ordered Plaintiff to contact Defendant, in person or telephonically, to prepare and file the joint case management report. (Doc. #28). The Court warned Plaintiff that failure to comply might result in dismissal of this action for failure to prosecute. (Doc. #28). Plaintiff failed to comply with the Court's Order.
Now, Plaintiff failed to appear at a pre-scheduled Preliminary Pretrial Conference, and has yet to contact Defendant. (Doc. #30). Due to this blatant disregard for the Court's Orders, this action is dismissed with prejudice for failure to prosecute and failure to comply.2 See Rance v. Rocksolid Granit USA, Inc., 489 F. App'x 314, 316 (11th Cir. 2012) ("As part of its inherent authority to regulate its docket, a district court may sua sponte dismiss a case for failure to prosecute or failure to comply with court orders.").
Accordingly, it is now
ORDERED:
1. This action is DISMISSED with prejudice for Defendant's failure to prosecute and failure to comply with the Court's Orders.
2. The Clerk is directed to terminate any pending motions and deadlines and enter judgment accordingly.
3. The Court will retain jurisdiction over this action to entertain a motion for attorney's fees. Defendant has thirty (30) days to file this motion, if he wishes to do so.
DONE and ORDERED.
