Pace v. Hurst Boilers & Welding Co.

Filing 8

ORDER for Response to Motion re: 5 MOTION to Dismiss Complaint re 1 Complaint filed by Hurst Boilers & Welding Co. Ordered by Judge Hugh Lawson on 11/17/2010. (nbp)

Pace v. Hurst Boilers & Welding Co.

Doc. 8

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S T A DIVISION W IL L IE PACE, P la in t if f , v. H U R S T BOILER & WELDING CO., D e fe n d a n t. ______________________________ : : : : : : : : :

C ivil Action No. 7:10-CV-116 (HL)

ORDER O n November 17, 2010, Defendant, Hurst Boiler & Welding Co., filed a motion s e e k in g dismissal of this case. Since Plaintiff is proceeding pro se, the Court deems it appropriate and necessary to advise him of his obligations in responding to said M o tio n and of the consequences which he may suffer if he fails to file a proper re s p o n s e thereto. P la in tiff is advised: (1 ) (2 ) (3 ) th a t a Motion to Dismiss has been filed by Defendant; th a t he has the right to oppose the granting of said Motion; and, th a t if he fails to oppose said Motion, the complaint against Defendant m a y be dismissed. P la in tiff is further advised that under the procedures and policies of this Court, m o tio n s to dismiss are normally decided on briefs. The Court considers the

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complaint and briefs filed by the parties in deciding whether dismissal is appropriate u n d e r the law. F a ilu re of Plaintiff to respond to the Motion to Dismiss may result in the g ra n tin g of said Motion. There would be no trial or any further proceedings as to the D e fe n d a n t seeking dismissal. A c c o rd in g ly , Plaintiff is directed to file a response to said Motion to Dismiss n o later than December 8, 2010. Thereafter, the Court will consider the Motion and a n y opposition to same filed by Plaintiff. If no response is submitted by Plaintiff, the C o u rt will consider said Motion to be uncontested. The Clerk is directed to serve P la in tiff at the last address provided by him.

S O ORDERED, this the 17 th day of November, 2010.

s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE

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