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Stearns v. Ford Motor Company PDC, 2:17-cv-02407-SHL-cgc. (2017)

Court: District Court, W.D. Tennessee Number: infdco20171206h66 Visitors: 5
Filed: Nov. 08, 2017
Latest Update: Nov. 08, 2017
Summary: REPORT AND RECOMMENDATION CHARMIANE G. CLAXTON , Magistrate Judge . On July 11, 2017, defendants Crystal Fergason and Kendra Fussell filed a Motion to Dismiss. (D.E.# 16.) Pursuant to Local Rule 12.1 "[a] party opposing a motion to dismiss must file a response within 28 days after the motion is served." To date, Plaintiff has not filed a response to the motion. In an order entered on September 18, 2017, the Court ordered the Plaintiff to show cause why the undersigned should not file a Rep
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REPORT AND RECOMMENDATION

On July 11, 2017, defendants Crystal Fergason and Kendra Fussell filed a Motion to Dismiss. (D.E.# 16.) Pursuant to Local Rule 12.1 "[a] party opposing a motion to dismiss must file a response within 28 days after the motion is served." To date, Plaintiff has not filed a response to the motion.

In an order entered on September 18, 2017, the Court ordered the Plaintiff to show cause why the undersigned should not file a Report and Recommendation recommending that the Motion to Dismiss should be granted. (D.E. # 19) Plaintiff has not complied with that order and the time set for compliance has expired.

The September 18, 2017 Order provided, in pertinent part, that "[f]ailure to comply with this order in a timely manner will result in recommendation that this action be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute." Id. See also, Taman v. Chertoff, et al, 07-cv-2247-SHM-dkv, Order of Dismissal (D.E. # 4) April 30, 2008. It is therefore RECOMMNDED that Plaintiff's complaint be DISMISSED, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute.

Source:  Leagle

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