Cooper v. Dolgencorp, LLC

Filing 13

OPINION, MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Dolgencorp, LLCs Motion to Dismiss for Failure to Prosecute under Federal Rule of Civil Procedure 41(b) [ECF No. 10] is GRANTED. IT IS FURTHER ORDERED that Motion to Dismiss Case [ECF No. 7] and a Motion to Compel [ECF No. 8] are DENIED as moot. 10 7 8 Signed by District Judge Henry E. Autrey on 3/12/13. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANNA M. COOPER,
Plaintiff,
v.
DOLGENCORP, LLC,
Defendant.

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No. 2:12CV60 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant Dolgencorp, LLC’s
(“Defendant”) Motion to Dismiss for Failure to Prosecute under Federal Rule of
Civil Procedure 41(b) [ECF No. 10].
On August 23, 2012, Defendant removed this case from Circuit Court of
Montgomery County, Missouri. On that same date, Defendant filed a Motion to
Dismiss Case [ECF No. 7] and a Motion to Compel [ECF No. 8]. Plaintiff Anna
M. Cooper (“Plaintiff”) failed to respond to either motion. On January 15, 2013,
Defendant filed the Motion to Dismiss for Failure to Prosecute under Federal Rule
of Civil Procedure 41(b). Plaintiff, again, failed to respond.1
Rule 41(b) of the Federal Rules of Procedure provides the following:

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Based on the record, Plaintiff’s counsel has received a Certificate of Service for
each of Defendant’s filings.

If the Plaintiff fails to prosecute or to comply with these rules or a court
order, a defendant may move to dismiss the action or any claim against it.
Unless the dismissal order states otherwise, a dismissal under this
subdivision (b) and any dismissal not under this rule – except one for lack
of jurisdiction, improper venue, or failure to join a party under Rule 19 –
operates as an adjudication on the merits.
Fed.R.Civ.Proc. 41(b)
Here, Plaintiff has clearly failed to prosecute her claims, as she hasn’t filed a
response to any of Defendant’s motions. As such, pursuant to Rule 41(b),
Defendant’s Motion to Dismiss [ECF No. 10] is well taken and granted.
Accordingly,
IT IS HEREBY ORDERED that Defendant Dolgencorp, LLC’s Motion to
Dismiss for Failure to Prosecute under Federal Rule of Civil Procedure 41(b)
[ECF No. 10] is GRANTED.
IT IS FURTHER ORDERED that Motion to Dismiss Case [ECF No. 7]
and a Motion to Compel [ECF No. 8] are DENIED as moot.
Dated this 12th day of March, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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