LOUIS v. HAGEL
MEMORANDUM AND OPINION RE: Defendant's MOTION 23 for Summary Judgment; Defendant's MOTION 24 to Dismiss For Failure to Prosecute. Signed by Judge Tanya S. Chutkan on 5/18/17. (DJS)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
Secretary, U.S. Department of Defense,
Civil Action No. 15-cv-92 (TSC)
Plaintiff Valery Louis brings this action against the Department of Defense (“DOD”)
alleging that the agency discriminated against him based on his race and national origin in
violation of Title VII, 42 U.S.C. § 2000e et seq. On April 1, 2016 this court denied DOD’s
Motion to Dismiss or in the Alternative to Transfer Venue. (ECF Nos. 15, 16). DOD filed
another Motion to Dismiss, to which Louis failed to respond and the court granted the motion in
part and denied the motion in part. (ECF Nos. 21, 22).
Presently before the court are two motions, both filed by DOD on March 28, 2017: 1)
DOD’s Motion for Summary Judgment; and (2) DOD’s Motion to Dismiss for Failure to
Prosecute. (ECF Nos. 23, 24). Pursuant to the court’s scheduling order, Louis had until April
11, 2017 to respond. He did not file a response, nor did he request an extension of time in which
to respond. DOD asserts that Louis has not engaged in discovery. (ECF No. 23 p. 4). These
circumstances strongly suggest that Louis does not intend to pursue this case further.
Accordingly, the Court will DENY the DOD’s Motion for Summary Judgment without
prejudice and GRANT without prejudice DOD’s Motion to Dismiss for Failure to Prosecute.
See Local Civil Rule 83.23 (allowing the court to dismiss an action without prejudice for failure
Date: May 18, 2017
Tanya S. Chutkan
TANYA S. CHUTKAN
United States District Judge
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