Jones et al v. Darby et al

Filing 37

MEMORANDUM OPINION re 36 Order on Motion to Dismiss/Lack of Prosecution. Signed by District Judge Sharion Aycock on 5/18/2016. (psk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
ALEESA JONES

PLAINTIFF

V.

CIVIL ACTION NO.: 1:14CV163-SA-DAS

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

MEMORANDUM OPINION
Defendant Shelter Mutual Insurance Company filed a Motion to Dismiss for lack of
prosecution against the sole remaining Plaintiff, Aleesa Jones. Jones failed to respond.
This cause was removed to this Court in September of 2014. During the pendency of this
lawsuit, separate counsel for the two married plaintiffs was deemed necessary. On September 3,
2015, the Motion to Withdraw as Attorney for Aleesa Jones was granted [25], and Jones was
given twenty-one days to notify the court of her intent to represent herself or have another
attorney enter an appearance on her behalf. No such notice was made to the Court.
The Court scheduled a telephone conference in February to assess Plaintiff’s situation but
Plaintiff failed to initiate the telephone conference. An Order to Show Cause was entered [33]
on February 12, 2016. That Order required Aleesa Jones to show cause as to “why the court
should not dismiss this action.” That response was due within fourteen days. No response was
made to the Court.
Defendant now seeks dismissal of this cause of action under Federal Rule of Civil
Procedure 41. Rule 41(b) allows a defendant to move for dismissal of an action “[i]f the plaintiff
fails to prosecute or to comply with these rules or a court order . . . .” A dismissal under this
Rule acts as an adjudication on the merits.

Aleesa Jones has both failed to prosecute her case by not initiating a telephonic
conference necessary for the case management, as well as failed to comply with an order of the
court by not responding to the Order to Show Cause. Aleesa Jones has, therefore, failed to
prosecute this case as required by the Federal Rules of Civil Procedure. Accordingly, this case
shall be dismissed with prejudice.
SO ORDERED, this the 18th day of May, 2016.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE

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