Octave v. Beau Rivage Resorts, Inc. et al

Filing 102

ORDER DISMISSING CASE: Ordered that Plaintiff's claims against Defendants ABC and DEF are dismissed without prejudice. The Clerk of Court may now close the case. Signed by District Judge Louis Guirola, Jr. on 4/11/11 (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
BETTY OCTAVE
v.
BEAU RIVAGE RESORTS, ET AL.

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PLAINTIFF
CAUSE NO. 1:09CV753 LG-RHW
DEFENDANTS

ORDER OF DISMISSAL
THIS CAUSE comes before the Court sua sponte for consideration of dismissal. The
named Defendants, Beau Rivage Resorts, Inc. and ThyssenKrupp Elevator Corporation,
obtained summary judgment of Plaintiff’s claims against them on March 22, 2011. (ECF
No. 101) In the Memorandum Opinion and Order granting summary judgment, the Court
noted that Plaintiff’s claims against Defendants ABC and DEF remained. Plaintiff was
required to file an amended complaint identifying these fictional defendants within 20
days of the date of the Memorandum Opinion and Order if she intended to pursue her
claims against them. She was warned that her failure to do so would result in dismissal
of the claims. More than 20 days have passed, and Plaintiff has not filed an amended
complaint. Accordingly, her claims against the fictional defendants will be dismissed
without prejudice.
IT IS THEREFORE ORDERED AND ADJUDGED that the Plaintiff’s claims
against Defendants ABC and DEF are DISMISSED without prejudice. The Clerk of
Court may now close the case.
SO ORDERED AND ADJUDGED this the 11th day of April, 2011.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE