U Can Rent, LLC et al v. Nissan North America, Inc.(JOINT ASSIGN)

Filing 81

MEMORANDUM OPINION AND ORDER DISMISSING this case without prejudice for Plaintiff U Can Rent's failure to comply with the Court's 75 order to respond to counsel's motion or else obtain new counsel; DENYING as moot the pending 31 , 32 , & 33 motions to dismiss; ORDERING the law firm Heninger Garrison Davis, LLC and Troy Robin King of The Law Offices of Troy King to serve the Plaintiff with a copy of this order and the forthcoming Final Judgment, by certified mail, return r eceipt requested and file a certificate showing that the Plaintiff has been served; Counsel shall file the return receipt- the online tracking confirmation, by itself, is not sufficient. Signed by Chief Judge Emily C. Marks on 9/16/2019. (am, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
U CAN RENT, LLC, on behalf of
itself and all others similarly situated
Plaintiff,
v.
NISSAN NORTH AMERICA, INC.,
Defendant.

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CASE NO. 2:17-cv-736-ECM
[WO]

MEMORANDUM OPINION AND ORDER
On June 12, 2019, Heninger Garrison Davis, LLC and the Law Offices of Troy
King’s filed a Motion to Withdraw as Counsel for Defendant U Can Rent, LLC. The Court
ordered U Can Rent to either respond to the Motion or else have new counsel enter an
appearance. (Doc. 67). The Court warned U Can Rent that failure to comply with the
order could result in the dismissal of its case.
U Can Rent has already missed a deadline and the Court provided U Can Rent the
opportunity to explain the failure to comply with the Court’s order. (Doc. 75). The Court
has also repeatedly granted extensions of the time to file a response to Counsel’s Motion.
(Docs. 74, 78). U Can Rent has again missed a deadline despite the repeated extensions
and repeated warnings that failure to comply with the Court’s order could result in the
dismissal of its case.
Accordingly, it is ORDERED that this case be DISMISSED without prejudice for
Plaintiff U Can Rent’s failure to comply with the Court’s order to respond to counsel’s

motion or else obtain new counsel. The pending motions to dismiss (docs. 31, 32, 33) are
DENIED as moot.
The law firm Heninger Garrison Davis, LLC and Troy Robin King of The Law
Offices of Troy King are ORDERED to serve the Plaintiff with a copy of this order and
the forthcoming Final Judgment, by certified mail, return receipt requested and file a
certificate showing that the Plaintiff has been served. Counsel shall file the return receipt—
the online tracking confirmation, by itself, is not sufficient.
DONE this 16th day of September, 2019.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE