Smith v. Consolidated Rail Corporation et al
Filing
45
ORDER Dismissing Plaintiff's 1 Complaint With Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT SMITH,
Plaintiff,
Case No. 14-cv-10426
Hon. Matthew F. Leitman
v.
NORFOLK SOUTHERN COMPANY and
CONSOLIDATED RAIL CORPORATION,
Defendants.
_________________________________/
ORDER DISMISSING PLAINTIFF’S COMPLAINT (ECF #1)
WITH PREJUDICE
In this action, Plaintiff Robert Smith (“Smith”) seeks damages arising out of
an accident between a train and the vehicle he was driving. (See Complaint, ECF
#1.) On December 4, 2015, Smith’s then-attorneys filed a motion to withdraw as
counsel (the “Motion to Withdraw”). (See ECF #36.) The Court set a hearing on
the Motion to Withdraw for December 21, 2015. (See ECF #37.) In its notice of
hearing – in bold, underlined text – the Court ordered Smith to “personally appear”
at the hearing. (See id. at 1, Pg. ID 287.) Smith failed to appear as directed. At
the hearing, Smith’s then-attorneys confirmed on the record that they mailed Smith
a copy of the notice of hearing on the Motion to Withdraw.
On December 21, 2015, the Court entered an order (1) allowing Smith’s
then-attorneys to withdraw as counsel and (2) requiring Smith to “show cause in
1
writing why this action should not be dismissed with prejudice” (the “Show Cause
Order”). (ECF #38 at 2, Pg. ID 290.) The Court ordered Smith to “file his written
response … with the Clerk of this Court by not later than the close of business on
January 25, 2015.” (Id. at 2-3, Pg. ID 290-291.) The Court then expressly warned
Smith that if he failed to respond by the provided deadline, his “action [would] be
dismissed with prejudice.” (Id. at 3, Pg. ID 291.) Smith never filed any response
to the Show Cause Order. Smith’s former attorneys each filed proofs of service
with the Court confirming that they mailed a copy of the Show Cause Order to
Smith. (See ECF ## 41, 43.)
Accordingly, due to Smith’s failure to prosecute this action and to comply
with multiple orders of this Court, IT IS HEREBY ORDERED that, pursuant to
Rule 41(b) of the Federal Rule of Civil Procedure, Plaintiff’s Complaint (ECF #1)
is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that all
pending motions in this action are TERMINATED AS MOOT.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 26, 2016
2
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on January 26, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
(313) 234-5113
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?