Bazzi v. Mbai et al

Filing 44

ORDER granting 40 Motion to Dismiss - The clerk is directed to close this case. Signed by Senior Judge Malcolm J. Howard on 3/6/2014. (Lee, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:11-CV-353-H

MUHAMMED BAZZI,
Plaintiff,

v.

ORDER
PA NDERRY M'BAI, FREEDOM
NEWSPAPER, INC. and, JOHN
DOE,
Defendants.

This
M'bai

matter

("M'baiu)

"defendants)

u

is

before

and

the

Freedom

court

Newspaper,

expired.

has

defendants
Inc.'s

motion to dismiss pursuant to Rules

the Federal Rules of Civil Procedure.
("Bazziu)

on

not

responded,

and

Pa

Nderry

(collectively
37 and 41 of

Plaintiff Muhammed Bazzi

the

time

for

doing

so

has

This matter is ripe for adjudication.

This action arises from a news article written by defendant
M'bai and published in Freedom Newspaper
newspaper based in Raleigh,
("the articleu) .
Gambia

an online

North Carolina on February 26,

2011

Freedom targets readers in the Republic of The

("The Gambiau),

business.

("Freedomu),

a country in Africa where plaintiff does

The article was circulated by the Associated Press.

Citing a single source,

the article names plaintiff as the

leader and operator of the "Mafia" in The Gambia.

The Article

alleges that plaintiff is involved in weapons trafficking, money
laundering,
monopolies
The

"robbing"
in

Article

the

petroleum

also

states

Hezbollah.

Plaintiff

article

false

are

Gambian

the

and

telecommunication

that

creating

industries.

plaintiff

is

that

the

statements

caused

him

harm,

alleges

and

and

people,

have

affiliated

with

in

this

including

in

business dealings, which he details in the complaint.
In

September

2 011,

defendants

filed

a

motion

to

which this court denied by order filed September 25,

dismiss,
2012.

In

October 2012, defendants answered the complaint and an order for
discovery

plan

was

sent

to

all

Since

parties.

his

initial

disclosures

as

required

by

Civil
these

disclosures.

Federal

Procedure 2 6 nor respond to defendants'

ordered

by

failure

[DE #28 and 33].

discovery
compel.
that

the

He

requests

and

[DE

not

#22]

make
and

to

to
appear

comply
for

the

was

Rule

failed

to

disclosures

sanctioned

respond

could
his

lead

to

properly
2

of

motion to compel

to

the

[DE #36]

this

written

motion

to

and warned him

dismissal.
scheduled

until

for

Plaintiff ignored defendants'

The court sanctioned plaintiff

failure

failed

court

did

time,

Plaintiff did not

plaintiff has failed to prosecute this case.
file

that

Plaintiff
and

noticed

deposition.

Additionally,

mediation as

required by the court's pretrial order.

plaintiff

has

failed

to

plaintiff

respond

refused to

to

the

participate

instant

in

Finally,
motion

to

dismiss.
The Federal Rules of Civil Procedure impose the obligation
upon plaintiff,

who has chosen to instigate this litigation,

participate fully in the discovery process.
Federal
action

Rules
by

the

of

Civil

district

Procedure
court

for

Rule

allows

for

failure

of

4l(b)

of the

dismissal
the

to

of

an

plaintiff

to

prosecute the action or failure of the plaintiff to comply with
the rules of civil procedure or any court order.

Also,

of the

for

Federal Rules of Civil

Procedure provides

Rule 37

dismissal

of an action, where a party fails to obey a discovery order.
Having been warned that failure to comply with the court's
orders could result in dismissal along with a continued failure
to

prosecute

hereby

and

dismisses

participate
this

matter

in
with

this

litigation,

prejudice.

The

the

clerk

directed to close this case.

'

Y1l

Thls ~day of March 2014.

Senior United States District Judge
At Greenville, NC
#26
3

court
is