SWINSON v. FED EX NATIONAL LTL CORPOATE HEADQUARTERS, 3:09-cv-608-J-32TEM. (2012)
Court: District Court, M.D. Florida
Number: infdco20120412a72
Visitors: 29
Filed: Apr. 11, 2012
Latest Update: Apr. 11, 2012
Summary: ORDER TIMOTHY J. CORRIGAN, District Judge. This case is before the Court on Defendant Fedex National, LTL, Inc.'s Motion to Dismiss and Motion to Quash Service of Process (Doc. 13). Despite being given ample opportunity to respond, see Order Mandating Plaintiff's Response (Doc. 14) and Order Granting Plaintiff's Motion for Extension of Time to File Response (Doc. 16), and a warning that failure to respond would likely result in the dismissal of his case for failure to prosecute, Plaintiff Sha
Summary: ORDER TIMOTHY J. CORRIGAN, District Judge. This case is before the Court on Defendant Fedex National, LTL, Inc.'s Motion to Dismiss and Motion to Quash Service of Process (Doc. 13). Despite being given ample opportunity to respond, see Order Mandating Plaintiff's Response (Doc. 14) and Order Granting Plaintiff's Motion for Extension of Time to File Response (Doc. 16), and a warning that failure to respond would likely result in the dismissal of his case for failure to prosecute, Plaintiff Shau..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case is before the Court on Defendant Fedex National, LTL, Inc.'s Motion to Dismiss and Motion to Quash Service of Process (Doc. 13). Despite being given ample opportunity to respond, see Order Mandating Plaintiff's Response (Doc. 14) and Order Granting Plaintiff's Motion for Extension of Time to File Response (Doc. 16), and a warning that failure to respond would likely result in the dismissal of his case for failure to prosecute, Plaintiff Shaun Deion Swinson, Sr. has declined to respond to Defendant's motion.
"The [C]ourt may dismiss a claim if the plaintiff fails to prosecute it or fails to comply with a [C]ourt order." Equity Lifestyle Prop. Inc. v. Fla. Mowing & Landscape, 556 F.3d 1232, 1240 (11th Cir. 2009). Here Plaintiff has not prosecuted his case, nor has he complied with the Court's orders to file a response to Defendant's motion. Thus, the case is due to be dismissed for failure to prosecute.1
Accordingly, it is hereby
ORDERED:
This action is DISMISSED without prejudice due to failure to prosecute. The clerk is directed to terminate all pending motion and close the file.
FootNotes
1. Defendant's motion appears to contain meritorious arguments. However, because the Court dismisses Plaintiff's claim for failure to prosecute, it need not address the substance of Defendant's motion. Also, a review of the record leaves the Court uncertain as to whether it has jurisdiction. Again, because the Court dismisses Plaintiff's claim for failure to prosecute, it declines to discuss further any jurisdictional issues.
Source: Leagle
