Filed: Nov. 25, 2019
Latest Update: Nov. 25, 2019
Summary: LETTER ORDER ESTHER SALAS , District Judge . Dear parties: On June 28, 2019, defendant Herbert Smyczek filed a motion to dismiss plaintiff Frank M. Brown's ("Plaintiff") complaint as a discovery sanction for his failure to provide discovery responses and failure to comply with a Court order. (D.E. No. 47). The motion was unopposed. On October 30, 2019, the Honorable Joseph A. Dickson, U.S.M.J., issued a Report and Recommendation, recommending that the Court dismiss Plaintiff's claims wi
Summary: LETTER ORDER ESTHER SALAS , District Judge . Dear parties: On June 28, 2019, defendant Herbert Smyczek filed a motion to dismiss plaintiff Frank M. Brown's ("Plaintiff") complaint as a discovery sanction for his failure to provide discovery responses and failure to comply with a Court order. (D.E. No. 47). The motion was unopposed. On October 30, 2019, the Honorable Joseph A. Dickson, U.S.M.J., issued a Report and Recommendation, recommending that the Court dismiss Plaintiff's claims wit..
More
LETTER ORDER
ESTHER SALAS, District Judge.
Dear parties:
On June 28, 2019, defendant Herbert Smyczek filed a motion to dismiss plaintiff Frank M. Brown's ("Plaintiff") complaint as a discovery sanction for his failure to provide discovery responses and failure to comply with a Court order. (D.E. No. 47). The motion was unopposed.
On October 30, 2019, the Honorable Joseph A. Dickson, U.S.M.J., issued a Report and Recommendation, recommending that the Court dismiss Plaintiff's claims without prejudice, pursuant to Federal Rule of Civil Procedure 37, and allow Plaintiff 30 days to seek reinstatement of his claims by making a showing of why dismissal would be inappropriate. (D.E. No. 48 ("R&R")). Magistrate Judge Dickson gave the parties until November 13, 2019 to file and serve objections to the R&R pursuant to 28 U.S.C. § 636 and Local Civil Rule 72.1(c)(2). The parties did not file any objections.
The Court has considered Magistrate Judge Dickson's R&R, and for the reasons stated therein,
IT IS on this 25th day of November 2019,
ORDERED that Magistrate Judge Dickson's R&R is adopted in full; and it is further
ORDERED, in accordance with the R&R, that Plaintiff may, within 30 days from the date of this Order, seek reinstatement of his claims by making a showing of why dismissal would be inappropriate; if no such showing is made, Plaintiff's claims may be dismissed with prejudice and this matter closed without any further notice; and it is further
ORDERED that the Clerk of Court shall TERMINATE docket entry numbers 47 and 48.