Indy Auto Parts LLC v. Genuine Parts Company

Filing 29

ORDER DISMISSING Plaintiff's Complaint Without Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
INDY AUTO PARTS,
Plaintiff,

Case No. 14-cv-14093
Hon. Matthew F. Leitman

v.
GENUINE PARTS COMPANY,
Defendant.
_________________________________/

ORDER DISMISSING PLAINTIFF’S COMPLAINT (ECF #1-2)
WITHOUT PREJUDICE
On August 13, 2015, this Court issued an Order terminating the appearance
of Plaintiff Indy Auto Parts’ (“Plaintiff”) counsel and directing Plaintiff to obtain
new counsel no later than September 15, 2015. (See ECF #27 at 1, Pg. ID 272.)
The Court instructed Plaintiff that “[i]f new counsel for Plaintiff has not filed an
Appearance by that time, this action shall be dismissed without prejudice.” (Id.)
Plaintiff phoned the Court on or about September 15, 2015, explained that it
had not yet found replacement counsel, and requested an extension to do so. The
Court orally granted Plaintiff a 13-day extension and directed Plaintiff to have
replacement counsel file an Appearance with the Court no later than September 28,
2015. Plaintiff failed to comply with that extended deadline.

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Plaintiff then sent the Court a letter dated September 29, 2015, requesting an
additional 30 days to find replacement counsel. Despite having ample time to
comply with the Court’s Order and despite the Court’s warning that failure to
comply would result in this case’s dismissal, Plaintiff has now missed two
deadlines to obtain new counsel. Accordingly, IT IS HEREBY ORDERED that
Plaintiff’s Complaint (ECF #1-2) is DISMISSED in its entirety WITHOUT
PREJUDICE.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: October 6, 2015

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on October 6, 2015, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone] 

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