Johansen v. Air & Liquid Systems Corporation et al

Filing 217

REPORT AND RECOMMENDATIONS 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 3/11/2020. Signed by Judge Sherry R. Fallon on 2/26/2020. (lih)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

WILLIAM J. JOHANSEN,
Plaintiff,
V.

AIR & LIQUID SYSTEMS
CORPORATION et al,
Defendants.

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Civil Action No. 17-452-MN-SRF

REPORT AND RECOMMENDATION FOR ORDER OF DISMISSAL
WHEREFORE, on January 23, 2019 and January 25, 2019, the court issued Reports and
Recommendations which recommended granting moving defendants' motions for summary
judgment 1 (D.1. 183; D.I. 184);
WHEREFORE, on February 7, 2019 and February 11, 2019, District Judge Noreika
adopted the Reports and Recommendations granting the moving defendants' motions for
summary judgment (D.I. 185; D.I. 200);
WHEREFORE, on February 13, 2020 and February 18, 2020, three of the four remaining
defendants were dismissed by the court (D.I. 211; D.I. 214; D.I. 215);
WHEREFORE, The Fairbanks Company is the only defendant remaining on the docket;

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The moving defendants were as follows: Air & Liquid Systems Corporation, Anchor/Darling
Valve Company, Atwood & Morrill Co., Armstrong International, Inc., Crosby Valve LLC,
Flowserve U.S., Inc., FMC Corporation, Gardner Denver, Inc., Jenkins Bros., Kunkle Industries,
Inc., Nash Engineering Holdings LLC, Neles-Jamesbury, Inc., Red-White Valve Corp., Warren
Pumps, LLC, and Ford Motor Company. (D.I. 138; D.I. 141; D.I. 143; D.I. 145; D.I. 147; D.I.
149; D.I. 151; D.I. 154; D.I. 156; D.I. 159; D.I. 161; D.I. 163; D.I. 165; D.I. 167; D.I. 169)

WHEREFORE, The Fairbanks Company filed a notice of bankruptcy and stay of
proceedings on August 1, 2018 (D.I. 158);
WHEREFORE, the court ordered that, on or before February 25, 2020, plaintiff was to
show cause why the Complaint should not be dismissed with prejudice as to the remaining
defendant, The Fairbanks Company (D.I. 216); and
WHEREFORE, plaintiff has 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 defendant, The Fairbanks Company, pursuant to Fed. R. Civ. P.
41 (b) for failure to prosecute claims against the remaining defendant and failure to respond to the
Order to Show Cause.

Dated: February~' 2020

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