Whalen v. Toyota Motor Sales, U.S.A., Inc.

Filing 31

ORDER ADOPTING 28 REPORT AND RECOMMENDATIONS re 1 Notice of Removal filed by Toyota Motor Sales, U.S.A., Inc. It is RECOMMENDED that Whalen's complaint be DISMISSED without prejudice for failure to prosecute under FRCP Rule 41(b) and the Court's inherent authority, as no lesser sanction will suffice. Copy to Plaintiff. Signed by District Judge Kristi K. DuBose on 2/6/2023. (meh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LAURA K. WHALEN,
Plaintiff,
v.
TOYOTA MOTOR SALES, USA, INC.,
Defendant.

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CIVIL ACTION 1:21-00503-KD-N

ORDER
After due and proper consideration of the issues raised, and there having been no objections
filed, the Report and Recommendation of the Magistrate Judge (Doc. 28) made under S.D. Ala.
GenLR 72(b) and dated January 9, 2023, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Plaintiff Laura K. Whalen’s Complaint (Doc. 1) is
DISMISSED without prejudice for failure to prosecute, under Fed.R.Civ.P. Rule 41(b) and the
Court’s inherent authority, as no other lesser sanction will suffice.
DONE and ORDERED this the 6th day of February 2023.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE