Akman v. Pep Boys Manny Moe & Jack of Delaware Inc.

Filing 32

ORDER re 31 Letter MOTION to Dismiss for Lack of Prosecution filed by defendant. For the reasons stated in the attached Memorandum & Order, plaintiff is directed, on pain of sanctions, including but not limited to dismissal with prejudi ce, to respond, in writing, by November 7, 2012, to each and every point detailed in defendant's pending motion. Ordered by Magistrate Judge Roanne L. Mann on 10/31/2012. [Due to ECF technical issues, a copy of this order will also be faxed to counsel.](Williams, Jennifer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MOHAMMAD AKMAN,
MEMORANDUM
AND ORDER

Plaintiff,
-against-

11-CV-3252 (SLT)

PEP BOYS MANN MOE & JACK
OF DELAWARE INC.,
Defendant.
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ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE:
On October 16, 2012, defendant Pep Boys moved again for sanctions and to dismiss
plaintiff’s claims pursuant to Rules 37 and 41(b) of the Federal Rules of Civil Procedure. See
Letter Motion to Dismiss (Oct. 16, 2012), Docket Entry (“DE”) #31. Plaintiff still has not
responded to the October 16th motion.
Plaintiff’s persistent violations of his discovery obligations and judicial orders have
been the subject of repeated applications by defendant and repeated admonitions from the
Court. Plaintiff’s pattern of derelictions is detailed in this Court’s Report and
Recommendation of August 10, 2012, DE #25, and his continued violations are recounted in
defendant’s as yet unanswered pending motion. Empty apologies will no longer suffice.
Plaintiff is directed, on pain of sanctions, including but not limited to dismissal with prejudice,
to respond, in writing, by November 7, 2012, to each and every point detailed in defendant’s
pending motion.
SO ORDERED.
Dated:

Brooklyn, New York
October 31, 2012

Roanne L. Mann

/s/
ROANNE L. MANN
UNITED STATES MAGISTRATE JUDGE