Harding et al v. A.O. Smith Corporation et al

Filing 242

REPORT AND RECOMMENDATION for Order of Dismissal. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. Objections to R&R due by 12/26/2019. Signed by Judge Sherry R. Fallon on 12/10/2019. (lih)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

MICHAEL R. HARDING, and
SALLY HARDING, his wife,
Plaintiffs,
V.

A.O. SMITH CORPORATION, et al.,
Defendants.

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Civil Action No. 17-251-MN-SRF

REPORT AND RECOMMENDATION FOR ORDER OF DISMISSAL
WHEREFORE, on January 22, 2019, the court issued a Report and Recommendation
which recommended granting moving defendants' motions for summary judgment 1 (D.I. 212);
WHEREFORE, on January 22, 2019, the court issued a Report and Recommendation
which recommended denying-in-part and granting-in-part the motion for summary judgment
filed by defendant Marley-Wylain Company ("Marley-Wylain") (D.I. 168; D.I. 213);
WHEREFORE, on February 6, 2019, District Judge Noreika adopted the Reports and
Recommendations granting the moving defendants' motions for summary judgment and
granting-in-part Marley Wylain's motion for summary judgment (D.I. 214; D.I. 227);
WHEREFORE, Georgia Pacific LLC is the only defendant remaining on the docket; and
WHEREFORE, Georgia Pacific LLC filed a notice of bankruptcy and stay of
proceedings on November 14, 2017 (D.I. 115);

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The moving defendants were as follows: A.O. Smith Corporation, Air & Liquid Systems
Corp., Burnham LLC, Crosby Valve LLC, DAP Products, Inc., Dominion Nuclear Connecticut,
Inc., Foster Wheeler LLC, Gardner Denver, Inc., Rheem Manufacturing Company, Slant/Fin
Corporation, Spirax Sarco, Inc., and Superior Boiler Works, Inc. (D.I. 142; D.I. 144; D.I. 145;
D.I. 151; D.I. 155; D.I. 157; D.I. 159; D.I. 161; D.I. 163; D.I. 164; D.I. 166; D.I. 170)

WHEREFORE, the court ordered that, on or before December 9, 2019, plaintiffs were to
show cause why the Complaint should not be dismissed with prejudice as to Georgia Pacific
LLC (D.1. 241); 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 Georgia Pacific LLC pursuant to Fed. R. Civ. P. 4l(b) for failure to prosecute
claims against Georgia Pacific LLC and failure to respond to the Order to Show Cause.

Dated: December J_Q_, 2019
GISTRA TE JUDGE

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