Lee v. Samsung Electronics America, Inc.

Filing 22

ORDER granting 20 Motion to Dismiss. Signed by Judge Michael R. Barrett on 12/4/18. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Immanuel Lee,
Plaintiff,

Case No. 1:17cv705

v.

Judge Michael R. Barrett

Samsung Electronic Inc.,
Defendant.
ORDER
This matter is before the Court upon this Court’s Order to Show Cause (Doc. 21)
and Defendant Samsung Electronics America, Inc.’s Motion to Dismiss (Doc. 20).
This Court held a status conference on September 19, 2018. Plaintiff—who is
now proceeding pro se in this matter—failed to appear for the conference. On October
24, 2018, this Court issued a Show Cause Order why this matter should not be
dismissed for failure to prosecute. Plaintiff was notified that the failure to respond to the
Show Cause Order may result in dismissal of this case. To date, Plaintiff has not
responded.
In its Motion to Dismiss, Defendant seeks involuntary dismissal of Plaintiff’s
entire action pursuant to Federal Rule of Civil Procedure 41(b).

Plaintiff has not

responded to Defendant’s motion.
“It is well settled that a district court has the authority to dismiss sua sponte a
lawsuit for failure to prosecute.” Carpenter v. City of Flint, 723 F.3d 700, 704 (6th Cir.
2013) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 629-30, 82 S.Ct. 1386, 8 L.Ed.2d
734 (1962); Carter v. City of Memphis, 636 F.2d 159, 161 (6th Cir. 1980)).

Accordingly, based on Plaintiff’s failure to prosecute and respond to this Court’s
Show Cause Order, Plaintiff’s Complaint is DISMISSED with PREJUDICE; and
Defendant Samsung Electronics America, Inc.’s Motion to Dismiss (Doc. 20) is
GRANTED. This matter shall be CLOSED and TERMINATED from the active docket of
this Court.
IT IS SO ORDERED.
/s/ Michael R. Barrett
JUDGE MICHAEL R. BARRETT