Robbins v. Ford Motor Company

Filing 101

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, pursuant to Rule 41(1)(b) of the Federal Rules of Civil Procedure, that Defendant's Motion to Dismiss Plaintiffs' Amended Complaint [Doc. No. #97 ] will be granted and this matter will be dismissed for failure to prosecute if Plaintiff has not secured new counsel by November 22, 2017. Signed by District Judge Henry Edward Autrey on 11/14/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GAYLE N. ROBBINS,
Plaintiffs,
v.
FORD MOTOR COMPANY
Defendant.

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Case No. 4:15-CV-1360 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion to Dismiss, [Doc. No.
97], filed on September 29, 2017, a copy of which was served upon Plaintiff’s prior
counsel via electronic filing and delivered to Plaintiff by U. S. Mail. Plaintiffs have
failed to respond to the motion and Plaintiff has failed to have new counsel enter
appearance on behalf of Plaintiff. For the reasons set forth below, the motion is
granted.
Facts and Background
Plaintiff filed the Complaint [Doc. No. 1] on September 2, 2015. Since the
filing numerous requests for continuance or additional time have been granted at the
behest of Plaintiff. The most recent grant of additional time is the result of
Plaintiff’s counsel withdrawing and the court extending Plaintiff approximately 30

days in which to secure new counsel. [Doc. #96]. As of the date of this order the
court has not received an entry of appearance on behalf of Plaintiff.
On October 20, 2017 the court issued an order [Doc. #98] to Plaintiff to show
cause why the Motion to Dismiss should not be granted. On the same date the court
received a letter [Doc. #99] from Plaintiff purportedly reflecting contact with an
attorney and awaiting a commitment from counsel to represent him.
Plaintiff has been proceeding in a pro se capacity. Plaintiff has failed to
comply with the letter of the Court’s order but has marginally complied with the
spirit of the order.
Accordingly,
IT IS HEREBY ORDERED, pursuant to Rule 41(1)(b) of the Federal Rules
of Civil Procedure, that Defendant’s Motion to Dismiss Plaintiffs’ Amended
Complaint [Doc. No. #97] will be granted and this matter will be dismissed for
failure to prosecute if Plaintiff has not secured new counsel by November 22, 2017.
Dated this 14th day of November, 2017.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE