Vasquez v. Wang

Filing 44

JUDGMENT dismissing this action with prejudice pursuant to Rule 41(b) of the FRCP, as set out. Signed by Judge Kristi K. DuBose on 10/9/2012. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PORFIRIO PERALTA VASQUEZ, Plaintiff, : : vs. : YAN FEI WANG, et al., Civil Action No. 11-0382-KD-C : Defendants. JUDGMENT In accordance with the order entered on this date, it is hereby ORDERED, ADJUDGED, and DECREED that the defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 37 for failure to attend deposition (Doc. 41) is GRANTED. Accordingly, this action is dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, given plaintiff’s willful conduct in failing to appear for his deposition and because no lesser sanction will suffice. DONE this 9th day of October, 2012. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1

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