Cross et al v. Diversified Restaurant Holdings, Inc.

Filing 43

OPINION and ORDER Granting 38 MOTION to Dismiss - Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MONIQUE CROSS and AMERICA
THOMAS, on behalf of themselves and all
other persons similarly situated, known and
unknown

Case No. 18-11968
Honorable Nancy G. Edmunds

Plaintiffs,
v.
DIVERSIFIED RESTAURANT HOLDINGS,
INC.
Defendant.
/
ORDER ON DEFENDANT’S MOTION TO DISMISS [38]
This matter comes before in connection with Defendant motion to dismiss Plaintiffs’
complaint. (ECF No. 38.) Defendant contends that Plaintiffs’ claims should be dismissed
under Federal Rule of Civil Procedure 41(b) because (1) Plaintiffs have failed to
participate in discovery, (2) Plaintiffs have failed to comply with the orders of this Court,
and (3) Plaintiffs have failed to prosecute their claims. Plaintiffs did not file a response or
otherwise oppose Defendant’s motion. On July 15, 2020, the Court held a hearing in
connection with the motion. Plaintiff Monique Cross appeared at the hearing and stated
that she no longer intends to pursue her claims. Plaintiff Cross also indicated that she
believed Plaintiff Thomas, who failed to appear for the hearing, also does not intend to
pursue her claims. Accordingly, pursuant to Federal Rule of Civil Procedure 41(b), and
for the reasons stated by the Court during the July 15, 2020 hearing, Defendant’s motion
to dismiss is hereby GRANTED. It is therefore ORDERED that Plaintiffs’ claims are
hereby DISMISSED.

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SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge

Dated: August 3, 2020
I hereby certify that a copy of the foregoing document was served upon counsel of record
on August 3, 2020, by electronic and/or ordinary mail.

s/Lisa Bartlett
Case Manager

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