Cruz v. TRT Holdings, Inc., et al.

Filing 40

ORDER directing that within 30 days of this order 1) plaintiff shall respond to 37 MOTION to Dismiss 2) retain local counsel or appear pro se 3) make showing why matter should not be dismissed for failure to prosecute.(Responses due by 8/26/2011.) Signed by Senior Judge Graham Mullen on 7/26/2011. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-110
ANNY CRUZ,
Plaintiff,
v.
TRT HOLDINGS, INC., THE OMNI
CHARLOTTE HOTEL, OMNI HOTELS,
BARTENDER “SANTIAGO” AND/OR
BARTENDER DOE, OMNI SECURITY
GUARDS 1-10 (fictious names),
JOHN DOES 1-10 (fictitious names), and
XYZ CORPORATION (fictious names)
Defendants.

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ORDER

THIS MATTER comes before the Court upon its own Motion. Plaintiff’s counsel was
advised by chambers via telephone that as a courtesy and in the interest of justice, Plaintiff’s
counsel would be allowed to file a motion requesting special admission, instead of pro hac vice
admission, to this Court, pursuant to Local Rule 83.1(D)(2). Plaintiff’s counsel failed to file
such a motion. Subsequently, on May 19, 2011, the Court ordered Plaintiff’s counsel to
withdraw his Motion for Leave to Appear Pro Hac Vice (D.I. 33) and file the appropriate Motion
for Special Admission by Tuesday, May 24, 2011. (D.I. 36). Plaintiff’s counsel again failed to
file the appropriate motion. The Court therefore denied the Motion to Appear Pro Hac Vice and
required Plaintiff to obtain local counsel. (D.I. 39). Plaintiff’s counsel has failed to make any
further filings in the case. The Defendant filed a Motion to Dismiss on May 20, 2011 to which
Plaintiff has yet to respond (D.I. 37).

Plaintiff will be allowed 30 days to obtain local counsel (or to proceed pro se), to make a
showing as to why these matters should not be dismissed for failure to prosecute, and to respond
to Defendant’s Motion to Dismiss. If Plaintiff fails to comply with this Order by August 25,
2011, the case will be dismissed without prejudice for failure to prosecute.
SO ORDERED.

Signed: July 26, 2011