Dowtin v. Washington Metropolitan Area Transit Authority

Filing 13

MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 3/27/2015. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
JOHN DOWTIN

:

v.

:

Civil Action No. DKC 14-3564

:
WASHINGTON METRO AREA TRANSIT
AUTHORITY

:

MEMORANDUM OPINION
John Dowtin filed suit in the Circuit Court for Prince
George’s

County

Washington

on

or

Metropolitan

about
Area

September

Transit

16,

2014,

Authority

against

(“WMATA”)

for

injuries allegedly inflicted by a former WMATA employee on or
about September 2, 2011.

The complaint asserts a claim for

negligent hiring and retention.

(See ECF No. 2).

WMATA removed

the case to this court and moved to dismiss, contending that
governmental immunity protects it from the claim asserted or,
alternatively,
limitations.

that

the

claim

(See ECF No. 10).

is

barred

by

the

statute

of

When Plaintiff did not respond

to the motion, a show cause order directed Plaintiff to respond.
(ECF

No.

counsel

11).

for

Instead

Plaintiff

of

responding

notified

the

on

court

the
that

merits,

Plaintiff

died, and that the family elected not to pursue the case.
ECF No. 12).

prior
had
(See

The court then notified counsel, by reference to

Coppinger v. Schantag, No. Civ.A. DKC 2005-2380, 2006 WL 38946

(D.Md. Jan. 5, 2006), that the client’s death terminated his
agency relationship and that his notice would not constitute a
notice of death on the record under Fed.R.Civ.P. 25(a).

Nothing

further has been filed.
Under the circumstances, the complaint will be dismissed.
The

failure

to

oppose

a

motion

to

dismiss

constitutes

an

abandonment of the claim, and the failure to prosecute an action
similarly leads to dismissal.

Here, both arguments asserted in

the motion to dismiss are colorable, and the action has been
abandoned.

A separate order will be entered.

/s/
DEBORAH K. CHASANOW
United States District Judge

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