Murray v. Air & Liquid Systems Corporation et al

Filing 217

MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that plaintiff's claims against defendants General Electric Company and CBS Corporation are dismissed, with prejudice, for failure to comply with the Court's orders. A separate Order of Partial Dismissal shall accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 12/21/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

SHEREE MURRAY, Individually and as
Personal Representative of the Estate of
LEROY MURRAY, Deceased,
Plaintiff,
v.
AIR & LIQUID SYSTEMS
CORPORATION, et al.,
Defendants.

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No. 4:14-CV-1638 CAS

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. On February 5, 2015, defendant General
Electric Company notified the Court that it had resolved its dispute with plaintiff, and requested a
120-day stay as to the deadlines against it to finalize the settlement. On February 9, 2015, defendant
CBS Corporation also notified the Court that it had resolved its dispute with plaintiff, and requested
a 120-day stay as to the deadlines against it to finalize the settlement. On February 9, 2015, the
Court granted defendant General Electric Company’s and defendant CBS Corporation’s motions,
and ordered plaintiff’s counsel to file, within one hundred and twenty (120) days of the date of the
Order, a stipulation for partial dismissal, a motion for leave to voluntarily dismiss, or a proposed
partial consent judgment with respect to defendants General Electric Company and CBS
Corporation. Plaintiff was warned that “Failure to comply timely with this order will result in the
dismissal of these defendants with prejudice.” Doc. 107. The 120-day deadline expired, and
plaintiff did not comply with the February 9, 2015 Order and file a stipulation for partial dismissal,

a motion for leave to voluntarily dismiss, or a proposed partial consent judgment with respect to
these two defendants.
On November 30, 2015, the Court reminded plaintiff that the 120-day period had expired,
and ordered plaintiff to file, on or before December 4, 2015, a stipulation for partial dismissal, a
motion for leave to voluntarily dismiss, or a proposed partial consent judgment with respect to
defendants General Electric Company and CBS Corporation. Plaintiff was again reminded that
“Failure to comply timely with this order will result in the dismissal of General Electric Company
and CBS Corporation with prejudice.” Doc. 210.
On December 4, 2015, plaintiff filed a motion to dismiss defendant General Electric
Company, without prejudice, a motion to dismiss defendant CBS Corporation, without prejudice,
a motion to withdraw her motion to dismiss defendant CBS Corporation, and a second motion to
dismiss defendant CBS Corporation, without prejudice. Docs. 212-15. Plaintiff, however, failed
to include certificates of service with any of these documents, as required by Rule 5 of the Federal
Rules of Civil Procedure.
This was not the first time plaintiff filed a document without a certificate of service. On
March 23, 2015, after previous warnings, the Court ordered that “all documents submitted by
plaintiff shall include a certificate of service. Failure to do so will result in the documents being
stricken from the record.” Doc. 144. After Documents 212-15 were filed without certificates of
service, court personnel telephoned plaintiff’s counsel on December 7, 2015, to inform counsel that
certificates of service were required for these documents. Court personnel requested that certificates
of service be filed as soon as possible. Plaintiff’s counsel failed to file the certificates of service, and
on December 9, 2015, the Court ordered, pursuant to its March 23, 2015 Order, that Documents 212-

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15 be stricken and removed from the record. Plaintiff did not refile her motions to dismiss
defendants CBS Corporation and General Electric Company and, therefore, plaintiff is not in
compliance with the Court’s February 9 and November 30, 2015 Orders. Plaintiff has been warned
a number of times that failure to comply with the Court’s orders will result in dismissal of the two
defendants, but has nonetheless failed to do so. The Court will, therefore, dismiss plaintiff’s claims
against defendants General Electric Company and CBS Corporation, with prejudice. See Rule
41(b), Fed. R. Civ. P.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s claims against defendants General Electric
Company and CBS Corporation are dismissed, with prejudice, for failure to comply with the Court’s
orders.
A separate Order of Partial Dismissal shall accompany this Memorandum and Order.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

21st

day of December, 2015.

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