ORDER OF DISMISSAL AND GRANTING DEFENDANT'S MOTION FOR SANTIONS

JAMES LAWRENCE KING, District Judge.

THIS CAUSE comes before the Court upon Defendant's Motion for Contempt and Sanctions for Plaintiffs Violation of Three Court Orders and Failure to Participate in Discovery.1 Defendant argues that Plaintiff has not participated in discovery, including failure to comply with the Court's discovery related orders.2 Defendant seeks sanctions against Plaintiff in the form of a doctor's fee for Plaintiffs failure to appear at a scheduled medical exam and a dismissal of the instant action. Plaintiff has not timely filed a response.3 As discussed below, the Court finds it must grant Defendant's Motion.

The instant action is a maritime personal injury action filed by Plaintiff in which she alleges a knee injury as a result of an accident that occurred while on board Defendant's cruise ship, The Carnival Sensation.4 Defendant filed its Answer to Plaintiffs Complaint on January 16, 2012.5 On January 19, 2012, the Court entered its Scheduling Order.6 The Court gave the parties approximately nine months in which to conduct discovery and motion practice.7

In that time, Defendant argues that it made numerous discovery requests of Plaintiff, including requests for a deposition of the Plaintiff, Jeanette Avila, and a Rule 35 medical examination of same. Defendant represents that it was unsuccessful in receiving responses to its requests for discovery. On August 28, 2012, Defendant filed a Motion to Compel Discovery, (DE 9), which the Court granted.8 In the order, the Courts explained that the Plaintiff may be subject to sanctions if she did not comply with the order.

Then, on September 18, 2012, Defendant represents that Plaintiff failed to appear for her deposition, for which she had been properly noticed.9 Defendant also contends that she failed to appear at the Rule 35 medical examination scheduled for the same day.10 Since September, Defendant reports that it has been unsuccessful in contacting counsel for Plaintiff by phone or email.

After a careful review of the record, the court finds Defendant's Motion is well taken, and Plaintiff has made no defense thereto. Accordingly, it is ORDERED, ADJUDGED, and DECREED that Defendant's Motion for Contempt and Sanctions for Plaintiffs Violation of Three Court Orders and Failure to Participate in Discovery, (DE 16), be, and the same is hereby, GRANTED. Pursuant to Federal Rule of Civil Procedure 37(b)(2)(C), Plaintiff shall pay the FOUR HUNDRED DOLLAR ($400.00) "No Show" fee as sanctions for failing to attend the Rule 35 examination. Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), the instant action is DISMISSED.

DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, dated this 29th day of November, 2012.