Burke et al v. USF Reddaway, Inc.

Filing 99

ORDER granting 95 Motion to Dismiss. Plaintiff's complaint 1 (Exh A) is dismissed in its entirety. Signed by Judge Larry R. Hicks on 8/4/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES BURKE; et al.,

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Plaintiffs,

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v.

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USF REDDAWAY, INC.,

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Defendant.

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3:13-cv-0017-LRH-WGC
ORDER

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Before the court is defendant USF Reddaway, Inc.’s (“Reddaway”) motion to dismiss for
lack of prosecution. Doc. #95.1 Plaintiff James Burke (“Burke”) did not file an opposition.
On July 2, 2012, Burke filed a complaint against Reddaway in the state of California

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alleging a single cause of action for negligence. Doc. #1, Exhibit A. On September 5, 2012, the

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California court determined that Burke was incompetent and granted the application of Burke’s

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daughter, Alyssa Burke, to pursue his claims as his Guardian ad litem (“GAL”).

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After this action was transferred to this court, the court Burke’s counsel’s motion to

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withdraw. See Doc. #90. At that time, the court ordered Burke and his GAL to find new counsel

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before June 27, 2014.2 Id. Further, Burke was notified in that order that failure to obtain new

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Refers to the court’s docket number.

In that order, the court held that prosecution of an action by a GAL is equivalent to prosecution of an
action by a corporation, and thus, Burke must be represented by counsel rather than proceed pro se.

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counsel by June 27, 2014, would result in dismissal of this action. Id. However, Burke has failed to

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find new counsel and has failed to respond in any way to Reddaway’s motion. Therefore, the court

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shall grant Reddaway’s motion and dismiss this action for lack of prosecution and failure to comply

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with the court’s order.

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IT IS THEREFORE ORDERED that defendant’s motion to dismiss (Doc. #95) is
GRANTED. Plaintiff’s complaint (Doc. #1, Exhibit A) is DISMISSED in its entirety.

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IT IS SO ORDERED.

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DATED this 7th day of August, 2014.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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