Gerst et al v. HSBC Bank USA, N.A.

Filing 22

ORDER dismissing case re 20 Order on Motion for Extension of Time to File. With no remaining claims, this case is DISMISSED without prejudice.The Clerk is directed to CLOSE the file and enter judgment accordingly. The Clerk is further directed to mail a copy of this Order to Plaintiff. Signed by Judge Sheri Polster Chappell on 3/3/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHARMAYNE SMITH,
Plaintiff,
v.

Case No: 2:14-cv-201-FtM-38CM

HSBC BANK USA, N.A.,
Defendant.
/
ORDER1
This matter comes before the Court on review of the docket. On December 22,
2014, the Court gave Plaintiff Charmayne Smith an extension of time to properly serve
Defendant HSBC Bank USA, N.A. (See Doc. #20). The Court warned that failure to
properly serve Defendant and timely file a return of service notification on the docket
would result in this case being dismissed without prejudice for failure to prosecute. To
date, Smith has not complied with the Court’s order and has not served HSBC Bank.2 As
a result, the Court will dismiss this matter without prejudice for failure to prosecute. See
Fed. R. Civ. P. 4(m); Link v. Washbash R. Co., 370 U.S. 626, 630-31 (1962) (“The
authority of a court to dismiss sua sponte for lack of prosecution has generally been
considered an ‘inherent power,’ governed not by rule or statute but by the control

1

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2 Smith, however, filed a “Memorandum in Support of Plaintiff’s Motion for an Order Compelling Mediation.”
(See Doc. #21).

necessarily vested in courts to manage their own affairs so as to achieve the orderly and
expeditious disposition of cases.”); see also Krinsk v. SunTrust Bank, No. 8:09-cv-00909T-27MA, 2014 WL 202032, at *5 (M.D. Fla. Jan. 17, 2014) (dismissing a claim with
prejudice for lack of prosecution and for failure to comply with a court order).
Accordingly, it is now
ORDERED:
1. With no remaining claims, this case is DISMISSED without prejudice.
2. The Clerk is directed to CLOSE the file and enter judgment accordingly. The
Clerk is further directed to mail a copy of this Order to Plaintiff.
DONE and ORDERED in Fort Myers, Florida this 3rd day of March, 2015.

Copies: All Parties of Record

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