Janis, Jr. et al v. A.W. Chesterton, Inc. et al

Filing 160

REPORT AND RECOMMENDATIONS FOR ORDER OF DISMISSAL for failure to prosecute and failure to respond to the Order to Show Cause. Signed by Judge Sherry R. Fallon on 8/20/2019. (lih)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

EARL JANIS, JR. and
TONI JANIS,
Plaintiffs,
V.

A.W. CHESTERTON, INC., et al,
Defendants.

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Civil Action No. 17-167-MN-SRF

REPORT AND RECOMMENDATION FOR ORDER OF DISMISSAL
WHEREFORE, on January 17, 2019 and January 18, 2019, the court issued Reports and
Recommendations which recommended granting moving defendants' motions for summary
judgment 1 (D.I. 136; D.I. 137);
WHEREFORE, on February 1, 2019 and February 4, 2019, District Judge Noreika
adopted the Reports and Recommendations granting the motions for summary judgment and
entered judgment as a matter oflaw in favor of the moving defendants (D.I. 140; D.I. 146);
WHEREFORE, three defendants remain active on the docket: Georgia Pacific LLC,
Grinnell LLC, and Metropolitan Life Insurance Company.
WHEREFORE, Grinnell LLC and Metropolitan Life Insurance Company have not filed
their appearances;
WHEREFORE, Georgia Pacific LLC filed a notice of bankruptcy and stay of
proceedings on November 14, 2017 (D.I. 56);

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The moving defendants were as follows: FMC Corporation, Warren Pumps, LLC, Ingersoll
Rand Co., Armstrong International, Inc., CBS Corporation, CertainTeed Corporation, DAP, Inc.,
and Union Carbide Corporation. (DJ. 100; DJ. 102; DJ. 104; DJ. 107; DJ. 109; DJ. 111; D.I.
113; DJ. 114)

WHEREFORE, the court ordered that, on or before August 15, 2019, plaintiffs were to
show cause why the Complaint should not be dismissed with prejudice as to the remaining
defendants, Georgia Pacific LLC, Grinnell LLC, and Metropolitan Life Insurance Company (D.I.
159); and
WHEREFORE, plaintiffs have not filed a response to the Order to Show Cause to date.
IT IS HEREBY RECOMMENDED THAT the Complaint should be dismissed with
prejudice as to the remaining defendants, Georgia Pacific LLC, Grinnell LLC, and Metropolitan
Life Insurance Company, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute claims against
those remaining defendants and failure to respond to the Order to Show Cause.

Dated: August

?-0 , 2019

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GISTRATE JUDGE

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