Hickingbottom v Johnson & Johnson, et al

Filing 27

ORDER: ORDERED that this case is DISMISSED WITH PREJUDICE, for failure to prosecute. Signed by Judge Eldon E. Fallon on 4/18/2019. (jeg) (cc:Plaintiff)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DENISE HICKINGBOTOTM
VERSUS
JOHNSON & JOHNSON, ET AL.

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CIVIL ACTION
NO. 18-2836
SECTION “L” (5)

ORDER
Before the Court is Defendants’ motion to dismiss Plaintiff’s claims for failure to
prosecute, R. Doc. 24. Plaintiff failed to respond. Plaintiff was ordered to appear before this Court
on April 3, 2019 to show cause why this case should not be dismissed for failure to prosecute.
Plaintiff did not appear.
Under Federal Rule of Civil Procedure 41(b), a district court may dismiss an action based
on the plaintiff’s failure to prosecute or comply with an order of the court. Martinez v. Johnson,
104 F.3d 769, 771 (5th Cir. 1997). “The power to invoke this sanction is necessary in order to
prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars
of the District Courts.” Link v. Wabash Railroad. Co., 370 U.S. 626, 629-30 30 (1962).
Because “dismissal with prejudice is an extreme sanction that deprives the litigant of the
opportunity to pursue his claim,” a dismissal under Rule 41(b) proper only when (1) there is a clear
record of delay or contumacious conduct by the plaintiff, and (2) lesser sanctions would not serve
the interests of justice. Callip v. Harris Cnty. Child Welfare Dep’t, 757 F.2d 1513, 1519 (5th Cir.
1985). “The right of self-representation does not exempt a party from compliance with relevant
rules of procedural and substantive law.” Birl v. Estelle, 660 F.2d 592, 593 (5th Cir. 1981). Indeed,

a pro se plaintiff bears the burden of establishing excusable neglect, which requires more than
mere ignorance. Id.
Acting pro se, Plaintiff has failed to accept or respond to discovery propounded by
Defendants and has failed to communicate with counsel for Defendants. Plaintiff did not oppose
Defendants’ motion and did not appear before this Court.
Accordingly, as stated on the record at the April 3, 2019 show cause hearing, R. Doc. 26,
IT IS ORDERED that this case is DISMISSED WITH PREJUDICE, for failure to prosecute.

New Orleans, Louisiana, this 18th day of April, 2019.

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UNITED STATES DISTRICT JUDGE

CC: Denise Hickingbottom
2117 Giuffrias Avenue #19
Metairie, Louisiana 70001