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)

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

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