Dezauche v. Aircraft Manufacturing & Design, LLC et al

Filing 114

ORDER denying 112 Motion to Dismiss; granting 113 Motion for Leave to File. It is further ordered that this case is re-opened and back on active status. The supplement to the proposed pre-trial order shall be filed before the close of business, July 31, 2015. Defendants may file any response by the close of business, August 7, 2015. Signed by Judge Dudley H. Bowen on 7/23/15. (cmr)

ORIGINAL
IN

THE IJNITED STATES DISTRICT COURT
SOIITHERN DISTRICT OF GEORGIA
DUBLIN DIVISION

fILED

r,,s.0lsTRtcr
c0tjRl

Flv.
FoR rHd{ilct,isTA

nrs.uL
23

*
*

DANIEL DEZAUCHE,
p - L a a n Cl _I I

G E O R G EW . B R Y C E , . J R . ;
SOUTHEAST LIGHT SPORT
AVfATION, LLC; FLY LIGHT

*
*
*
*

qDnp't-

*

T.T.a- .

AIITATTn\T

FAq.l-MAl\T
.

T\Ta-

.TOIJ\T nnFq

^h.l

/1-',tnn\

*

'r'rf1
!!s,

n^di-h
uEDfYrr,

and as members
Manufact.uring &

*
*

Defendants.

individually
of Aircraft

cv 311-071

*
*

*

ORDER

Before

the

Light

Southeast

Court

Defendants

Sport Aviation,

Eastman Avi-ation,
(Doc. no.

is

George W. Bryce,

LLC, FIy Light

l-12,) For the reasons stated

Sport,

LLC, and

moEion to

( "Defendants" )

Inc.'s

Jr.,

dismj-ss.

herein,

t.he motion

is

DENIED.

I.
/17r

, 1 1 1l 1 /

,,rll'l

l{

affeging

warranty

purchase

of

vacated

an

the trial

(Doc. no.

109.)

BACKGROUND

Pl^rni-1i-t

and

contract

airpfane.
assignment

tr

lF.l

cl-aims

On February
scheduled

The Court ordered

t-hic

tha!

dirrcrai

arising
6,

for

2015,
February

1-\'

from
the

d,,i

i-

the
Court

L'7, 20L5.

case wil-1 be reassigned
for
trial
[t]he
when
Pl-aint.if f complet.es his preparation
and the Court
is assured tha! the matter is ready to proceed to
me:ni

ncrf rr'l

thaf

motion
f^r

(fd.)

r-onsi

nlrrnrrsr

by FIaint.if

:l

l

Comprehensive TriaL

On July
4f (b) ,

6,

Disobedience

or

Failure

t.o

Promptness. "
of his

Motion

to

(Doc. no.

Federal

a

NeglecE

Rule of
to

"Molion

a

Civif

(Doc. no.

112.)

Eo move this

fn his

Reassign

of

Plaintiff

the

Case for

in

the

procedure

Civil_

This

for

Court

With

WjLl_ful
and

for

Reasonab]e

responds wit.h details

case forward

response,

Supplement

forth

Dismiss

Action

a Rufe 41(b)

that

set

l-10.) The

111.)

201-5, citing
filed

reasons

Prosecute

(Doc. no. 113.)
to

the

of Damages and

(Doc. no.

Date.,,

an Order

Order and argues

Leave

for

p Ir/.v)Fn . ) s F d
M
ss

Wi fh

and Statement

of

efforts

Fav

uvnrr l n
u v r

a '.Morion for Leave Lo

Ofder

Trial

of

motion

Defendants

clrmh^rrarl

reonened

is

filed

SEipufations

February 6'h Order.

iJ rs r r) r r
L '

PI"e-Triaf

Restoration
the

:

s

case

Plaintiff

Prnnnsed

Court. denied

Lrrr

.rf

Three days later,

Request for

r-rn

the

f , the capt.ioned matter is CLOSED
yah
a t - = t - i c t - i - .* - -rorcang.
-1

nrrrnaeoe

Slrnnl ement

for

der:Ii

Untif

since

dismissal

Plaintiff

is

pre-triaf
(Id.)

6-h

unwarrant.ed.

renews his

Proposed
Triaf."

the February

This

..Motion

Order
motion

and
is

GRANTED.

II.
Defendan!s

argue

lhat

DISCUSSION
dismissal-

with

prejudice

pursuant.

is

to Rul-e 41(b)
f .1
a

nr^qe.rrf

e

I , r v v v e < e e

hh^rf

af

?

m^i-i

of

Februarv

should

racnnnqi

here because Pl-aintif f has failed
wit.h

action

hisEory
the

in
It

f hi s
l-hai

procedural
issue

warranted

^h

naFFrrd^nt-a

Ehis

f nr

m^r,

Tn

nromninFqq

nrarriula

r

The Court

case.

nar:i

addressed

even underscored,

mnrri

fnrwrrA

and his
counseL.
Plaintrff
the pfaintiff
fails
41(b) ("If
these
or
comply with
rules
dFfan.iant-

a

larl

lhis

6'h order.

be recalfed,

l-ri I i rrr

reasonal-r'l

mOVe

tO

diSmiSS

that
rAcr-

<

the
,'h^F

Fed.
R.
Civ,
to prosecute or
a court
order,
the

acfion

or
v!

P.
E.o
a
an\/
qrrl

Bradford v. Cart.er, 481 F.
claim against
it.");
(11"
51-7, 517-18
Appx.
Cir.
2012) (affirming
court
of
district
dismissal
civil
action
with
,a
nrai
rrd i .-a
.\\'ar
n'lrinriff
n l - r i a- - - , o n
nr- i
pursuanc to
Ru.le 41(b) where l-itigation
spanned two and a half
vcars

and

fhe

record

Otherwi

d6

o ,q ,/ nv h ^ v r - a g^
} I/ 4
v
L e

dismissal-) ; Calfowav v. Perdue Farms, Inc.,
313 F.
A p p x . 2 4 6 , 2 4 9 1 1 L \ \ C i r . 2 O O 9 )( a f f i r m i n g
district
cour! dismissal
under Rule 41(b) where plaintiff
failed
to "avail- himself of the multiple
chances he
waq

oiwen

fo

.r^

forward

with

his

case,,

and

f inrti ncr

woufd not have spurred the
that
"l-esser sanctions
liLigaL.ion
to it.s just
completion,') . FurL.her, a
court possesses inherenL. power to pofice
district
its own docket. Mingo v. Suqar Cane Growers Co-op
of Florida,
864 F.2d ]-O7, 702 (11rb Cir.
7989).
to this
power,
the judge may impose
"Incident
formal- sanctions
upon dilatory
litiganEs.
The
j-ons imposed can range from a simple reprimand
sanct
Lo an order dismj-ssinq the action wit.h or without
prej udice . " Id.
The mechanism sefected
by t.he Court in this
case - namely, vacating
the scheduled t.rial
date
and closing the case for sE.atistical purposes until
has appropriately
prepared his case for
Plaintsiff
- falls
within that ranqe.
trial
(Doc. no,
months.
their

109.)

Ofher than the passaqe of an additional_

Defendants

motion

presen!

t.o dismiss

no informat.ion

that

four

or circumst.ances

were not considered

j-n

by the court

prior

to

copies

of numerous electronic

good faith

communicate

and

Pfaintiff

has

wi1l,fu1

contempt

fesser
rcmairt

submits

Defendants,

to support. his assert.ion
this

not

sanctions

The

cooperate.

engaged
since

in

the

a

case for

slrffi.ianl-

Sea

Court

clear

crial-

anllinq

rr

of

6'r Order
in that

T.rLa

since

refusal
that

that

Order were,
T

or

delay

and

Halal1

2007) . Defendants,

that

concludes

pattern

February

r-mposed by the Court

Appx. 116, 119 (11c[ Cir.
is

communicat.ions with

to prepare

efforts

Plaintiff

Order.

6 Order have been stymj-ed by Defendants,

the February
to

6"

February

proposed stipulations,

including
his

the

issuing

D

the
and

)aq

tr

mot.ion to dismiss

DENIED.
As noted/

Plaintiff

filed

a .'Renewed Molion

Supplement the Proposed Pre-trial
for

Case

Tria7"

Defendants'
r-orrnsel

ie

motion
f.)

fhe

in
to

eyfanj-

nr:.'i-

Leave to

Order and Motion tso Reassign

conjunction
dismiss.

for

ft

with

his

appears

i.r1-\'1 a

ra:drr

response

that
iL v
-^

to

pl-aintif f , s
h l?v^u^s s6u^
a
y

iu v
^

trial-.

III.
Upon t.he foregoing,
motion

lo

dismiss

"Renewed Motion

for

CONCLUSION

IT IS HEREBYORDERED
that

{doc.

no.

172)

DENIED. plaintiff,s

Leave to Suppl-ement tshe proposed pre-trial

Order and Motion to Reassign Case for
GRANTED.

is

Defendants,

Triaf ,, (doc. no. 113) is

ORDERED
IT IS FURTHER
that
Clerk

is

fin:l

to place

directed

diqn.\eil-i.n

pre-trial
,'Trr'l\r

iq

?n-l q

notice

ten

in

parties

and their

.anl-

i^1r

ch.\r^rn

^h^\/a

Tn

references

so EhaE the

consistent
the parties

interest
with

:nrr

r

t-haral-^

eryvrrpe

the

The

part.ies

trial

1I- r r le-Ll .L e
ra
p

receive

assignment

accommodate

buL not

wil-l-

all

will

a
be

foreseeable

may be postponed
judge.

by the presiding

proceeds

stil-liha

rle^
r - a r .el .

by

the

The

€i l-n
!r-re:u,

nlarrlin^
I/r!autrrg

cumbersome
nlirnFi
F€l^
r-!cr-LrlL-r!L
$

to el- j-minate all- unnecessary

instructed

in

n r , ,vrPh r.eisc a . l
v

I/!

2015.

to

case

counse1 is

parties

le-. rh F
v

counsel are so advised-

this

FinaIly,

l-^

the cl-ose of business,

This speciaL setcing

by Providence

and the

acE j-ve st.atus until

sllnr-\lamanf

f i lc

days

frrturo

schedul-ing necessiEies.
or altered

m:r..

in

before

assignmenL.

triaf

srrff ir':ienf lw

c

next

the

of

The

August 7,

cl-ose of business,
Within

.aff^inFd

DcfFrrdrnl-

case is re-opened

Ehe matter

shal-l- be filed

order

?1

this

for

caption
or

incl,udes

against

onLy

shaI1 use the reformed

those

whom relief

Ehe supplemented pre-tria1

order.

case caption

names and.

is

genuine
soughc

Thereafter,
in al_l- papers

and pleadings.
ORDERENTEREDaL Augusta,

Georgia

this

23'. day of July,

2015 .

DISTRI