Ross v. JH Industry, Inc. et al
MEMORANDUM OPINION AND ORDER: it is ORDERED and ADJUDGED that this case be and is hereby dismissed without prejudice for the plf's abandonment of her claims, her failure to comply with the orders of this court and her failure to prosecute thi s action. Signed by Honorable Judge Charles S. Coody on 11/30/2017. (alm, ) (Main Document 29 replaced on 11/30/2017) (alm, ). Modified on 11/30/2017 to attach a corrected PDF to correct a clerical error to reflect the correct case style. (alm, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JH INDUSTRY, INC. d/b/a WOOSHIN
CIVIL ACT. NO. 3:17cv394-CSC
MEMORANDUM OPINION and ORDER
In this case, plaintiff Shardae Ross complains that she has been discriminated against
by the defendants based on her sex. The plaintiff was represented by counsel when she filed
this action on June 19, 2017. Pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1, the
parties consented to a United States Magistrate Judge conducting all proceedings in this case
and ordering the entry of final judgment.
On October 3, 2017, plaintiff’s counsel filed a motion to withdraw due to lack of
communication from the plaintiff. (Doc. # 25). On October 4, 2017, the court granted the
motion to withdraw and entered an order directing the plaintiff to have new counsel file a
notice of appearance no later than November 1, 2017. See Doc. # 26. Counsel has not filed
a notice of appearance, and the court’s October 4, 2017 order which was sent to the plaintiff
at her last known address was returned to the court as undeliverable. On November 13, 2017,
the court entered an order requiring the plaintiff to show cause why this case should not be
dismissed for abandonment of her claims, failure to prosecute this action and failure to
comply with the orders of the court. (Doc. # 28). The court specifically cautioned the
plaintiff that failure to file a response in compliance with the directives of this order would
result in the court recommending that this case be dismissed. Id.
The plaintiff has failed to file a response to the order entered on November 13, 2017.
Consequently, the court concludes that the plaintiff’s abandonment of her claims, her failure
to comply with the orders of this court and her failure to prosecute this cause of action
warrant dismissal of this case.
Accordingly, it is
ORDERED and ADJUDGED that this case be and is hereby dismissed without
prejudice for the plaintiff's abandonment of her claims, her failure to comply with the orders
of this court and her failure to prosecute this action.
A separate final judgment will issue
Done this 30th day of November, 2017.
/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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