Roberts v. Miller et al

Filing 51

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion for Involuntary Dismissal for Failure to Prosecute Under Fed. R. Civ. P. 41(b), or alternatively, for an Order Requiring Plaintiff to Provide his Current Address and Appear f or his Deposition, and Setting New Deadlines for the Taking of Plaintiff's Deposition and for the Filing of Summary Judgment (Doc. 45 ) is GRANTED, in part. IT IS FURTHER ORDERED that Plaintiff is DIRECTED to provide Defendants and the Cour t with his current address within fourteen days (14) of the date of this order. Plaintiff is also DIRECTED to appear at any properly noticed deposition. Failure to comply with this Court's Order may result in the dismissal of Plaintiff' s action. IT IS FURTHER ORDERED that a Second Amended Case Management Order shall issue, amending the date by which the Parties must complete all discovery and the briefing schedule by which the Parties must file any summary judgment motions. Signed by Magistrate Judge Noelle C. Collins on March 14, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

KYLE A. ROBERTS,
Plaintiffs,
vs.
LEON MILLER and
GEORGE A. LOMBARDI,
Defendants.

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Case No. 4:15-cv-00619-NCC

MEMORANDUM AND ORDER
This matter is before the Court on Defendants’ Motion for Involuntary Dismissal for
Failure to Prosecute Under Fed. R. Civ. P. 41(b), or alternatively, for an Order Requiring
Plaintiff to Provide his Current Address and Appear for his Deposition, and Setting New
Deadlines for the Taking of Plaintiff’s Deposition and for the Filing of Summary Judgment
(Doc. 45). Plaintiff failed to timely respond. Therefore, on January 7, 2016, the Court directed
Plaintiff, within fourteen (14) days, to show cause why his Complaint should not be dismissed
and to inform the Court and Defendants of his current address (Doc. 49). On January 14, 2016,
Plaintiff filed a response, asserting that he was never contacted, requesting additional time for
research and a copy of the scheduling order, and asking the Court not to dismiss his case (Doc.
50). Plaintiff, however, has not provided Defendants or the Court with his current address and his
current address remains unclear. Specifically, while Plaintiff previously indicated that his
address is “1052 W. Madison; Springfield, MO; 65803”, Plaintiff listed his address as “1051 W.
Madison; Springfield, MO; 65803” on the envelope containing his response to the show cause
order.

Accordingly,
IT IS HEREBY ORDERED that Defendants’ Motion for Involuntary Dismissal for
Failure to Prosecute Under Fed. R. Civ. P. 41(b), or alternatively, for an Order Requiring
Plaintiff to Provide his Current Address and Appear for his Deposition, and Setting New
Deadlines for the Taking of Plaintiff’s Deposition and for the Filing of Summary Judgment
(Doc. 45) is GRANTED, in part.
IT IS FURTHER ORDERED that Plaintiff is DIRECTED to provide Defendants and
the Court with his current address within fourteen days (14) of the date of this order. Plaintiff is
also DIRECTED to appear at any properly noticed deposition. Failure to comply with this
Court’s Order may result in the dismissal of Plaintiff’s action.
IT IS FURTHER ORDERED that a Second Amended Case Management Order shall
issue, amending the date by which the Parties must complete all discovery and the briefing
schedule by which the Parties must file any summary judgment motions.
Dated this 14th day of March, 2016.

/s// Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE

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