Pinnacle Agriculture Distribution, Inc. v. Kight

Filing 17

ORDERED, within 14 days of the date of this Order, Plaintiff must respond and SHOW CAUSE why this case should not be dismissed on abandonment grounds. Signed by Magistrate Judge Christopher L. Ray on 4/2/19. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
PINNACLE AGRICULTURE
DISTRIBUTION, INC.,
Plaintiff,
v.

ALVIE KIGHT, JR.,
Defendant.

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CV617-113

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ORDER
Plaintiff filed this action, seeking to recover $252,956.95 from the
defendant on an unpaid open account. See doc. 1 (Complaint). Defendant
answered, doc. 9, and the parties conducted at least some discovery. See
doc. 13 (Status Report).

The Court granted an extension of time to

complete discovery, and consequent extensions of other pending deadlines,
on April 24, 2018. See doc. 15. Those extended deadlines have long since
passed, without any further indication of progress from the parties. See
id. (requiring all motions, excluding motions in limine, be filed by
November 16, 2018).
Accordingly, within 14 days of the date of this Order, the plaintiff
must respond and SHOW CAUSE why this case should not be dismissed

on abandonment grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).;
Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the
inherent authority to dismiss claims for lack of prosecution); Mingo v.
Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v.
Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States,
CV491-277 (S.D. Ga. June 10, 1992). Failure to respond to this Order will
result in a recommendation of dismissal of this action.
SO ORDERED, this 2nd day of April, 2019.
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Christopher
Christopher L. Ray
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United States Magistrate Judge
Southern District of Georgia

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