First Mutual Group, LP v. Ward

Filing 32

ORDER. The Court vacates the October 19, 2015 Order 31 and issues this Order. This action is DISMISSED with prejudice for Plaintiff's failure to prosecute and failure to comply with the Court's Orders. The Clerk is directed to termina te any pending motions and deadlines and enter judgment accordingly. The Court will retain jurisdiction over this action to entertain a motion for attorney's fees. Defendant has thirty (30) days to file this motion, if he wishes to do so. Signed by Judge Sheri Polster Chappell on 10/20/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FIRST MUTUAL GROUP, LP,
Plaintiff,
v.

Case No: 2:14-cv-673-FtM-38MRM

DONALD R. WARD, JR. ,
Defendant.
/
ORDER1
On September 25, 2015, Defendant alerted the Court that Plaintiff has been
unresponsive, making it impossible to meet, confer, and prepare a joint case
management report, as required by M.D. Fla. R. 3.05. (Doc. #23). After hearing these
allegations, the Court ordered Plaintiff to contact Defendant, in person or telephonically,
to prepare and file the joint case management report. (Doc. #28). The Court warned
Plaintiff that failure to comply might result in dismissal of this action for failure to
prosecute. (Doc. #28). Plaintiff failed to comply with the Court’s Order.
Now, Plaintiff failed to appear at a pre-scheduled Preliminary Pretrial Conference,
and has yet to contact Defendant. (Doc. #30). Due to this blatant disregard for the Court’s
Orders, this action is dismissed with prejudice for failure to prosecute and failure to

1

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comply.2 See Rance v. Rocksolid Granit USA, Inc., 489 F. App'x 314, 316 (11th Cir.
2012) (“As part of its inherent authority to regulate its docket, a district court may sua
sponte dismiss a case for failure to prosecute or failure to comply with court orders.”).3
Accordingly, it is now
ORDERED:
1. The Court vacates the October 19, 2015 Order (Doc. #31) and issues this
Order.
2. This action is DISMISSED with prejudice for Plaintiff’s failure to prosecute and
failure to comply with the Court’s Orders.
3. The Clerk is directed to terminate any pending motions and deadlines and enter
judgment accordingly.
4. The Court will retain jurisdiction over this action to entertain a motion for
attorney’s fees. Defendant has thirty (30) days to file this motion, if he wishes
to do so.
DONE and ORDERED in Fort Myers, Florida, this 20th day of October, 2015.

Copies: All Parties of Record

2

Notably, Plaintiff has had no less than twenty two cases dismissed in this District for failure to prosecute.

3

The Court issued a substantially identical Order on October 19, 2015 (Doc. #31). However, that Order
contained a scrivener’s error in the ordered clause. The Court therefore vacates the October 19, 2015
Order.

2