Shelby County Health Care Corporation v. Genesis Furniture Industries, Inc. et al

Filing 50

ORDER DISMISSING CASE. CASE CLOSED. Signed by District Judge Sharion Aycock on 8/24/2015. (geb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
SHELBY COUNTY
HEALTH CARE CORPORATION
V.

PLAINTIFF
CAUSE NO. 3:13-CV-00245-SA-SAA

GENESIS FURNITURE
INDUSTRIES, INC.

DEFENDANT
ORDER DISMISSING CASE

The only matter remaining in this cause is a third-party claim by Genesis Furniture
Industries against Assurecare Risk Management, Inc. In regard to this claim, Genesis requested
and the clerk entered a default against Assurecare in September 2014 pursuant to Federal Rule of
Civil Procedure 55(a). No further action has been taken on Genesis’ third-party claim. On
August 4, 2015, the Court entered an order giving Genesis fourteen days to show cause as to why
its claim against Assurecare should not be dismissed pursuant to Federal Rule of Civil Procedure
41(b) for failure to prosecute. Genesis did not file a show cause response and has in fact notified
the Court that it has no intent to further prosecute this action.
As the Fifth Circuit has explained, the decision to dismiss a suit for failure to prosecute
pursuant to Rule 41(b) falls within the Court’s discretion. Beard v. Experian Information
Solutions, Inc., 214 F. App’x 459, 461-62 (5th Cir. 2007) (citing Connolly v. Papachristid
Shipping Ltd., 504 F.2d 917, 920 (5th Cir. 1974)). Though Rule 41(b) “is phrased in terms of
dismissal on the motion of the defendant, it is clear that the power is inherent in the court and
may be exercised sua sponte[.]” Id. (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d
541, 544 (5th Cir. 1978)). Given Genesis’ failure to respond and its expressed intent not to
proceed on its claim against Assurecare, the Court exercises its authority and dismisses with

prejudice Genesis’ third-party claim against Assurecare. No further claims are pending before
the Court. CASE CLOSED.
SO ORDERED, this the 24th day of August, 2015.

/s/ Sharion Aycock
UNITED STATES DISTRICT JUDGE

2