Curry v. HSBC Holdings

Filing 108

ORDER: Defendants' Motions for Dismissal ( 87 88 are granted to the extent that this action is hereby dismissed without prejudice. All other pending motions are denied as moot. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr on 10/1/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JACQUELINE CURRY,
Plaintiff,
v.

Case No: 8:14-cv-2420-T-30JSS

HSBC NORTH AMERICA HOLDINGS,
INC. and HSBC TECHNOLOGY &
SERVICES (USA) INC.,
Defendants.

ORDER OF DISMISSAL
THIS CAUSE comes before the Court upon Defendants’ Verified Statement of
Plaintiff’s Non-Appearance at Deposition and Mediation (Dkt. #106). Upon review of
Defendants’ Verified Statement and the record in this case, and being otherwise advised
in the premises, the Court dismisses this case without prejudice.
The record reflects that this Court and the Magistrate Judge have instructed
Plaintiff on numerous occasions that she is required to personally appear in this district
for her deposition and mediation. (Dkts. #83, #86, #91, #94, #97, and #105). On
September 3, 2015, after Defendants moved for dismissal of this case premised on
Plaintiff’s noncompliance, the Court provided Plaintiff with a final opportunity to comply
with the Court’s Orders.

The Court ruled that Plaintiff shall personally appear for

mediation and her deposition in this district by September 30, 2015. The Court also
deferred ruling on Defendants’ Motions for Dismissal and warned Plaintiff that if she did
not personally appear for mediation and her deposition by September 30, 2015, the Court

would grant Defendants’ Motions “to the extent that this action will be dismissed without
prejudice and without further notice to Plaintiff.” (Dkt. #97).
Defendants’ Verified Statement indicates that Plaintiff’s deposition was noticed
for September 29, 2015, and that mediation was to occur the next day, on September 30,
2015; Plaintiff did not appear at either event. (Dkts. #106, 107). This is unsurprising
because Plaintiff filed a notice to the Court dated September 24, 2015, stating that she
would not personally appear in this district for these events. (Dkt. #102). As the Court
previously cautioned, Plaintiff’s noncompliance results in the dismissal of her case.
Accordingly, it is
ORDERED AND ADJUDGED as follows:
1.

Defendants’ Motions for Dismissal (Dkts. #87, #88) are granted to the

extent that this action is hereby dismissed without prejudice.
2.

All other pending motions are denied as moot.

3.

The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida, this 1st day of October, 2015.

Copies furnished to:
Counsel/Parties of Record

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