Johnson v. Wyeth LLC et al

Filing 89

ORDER adopting 87 the Report and Recommendation. Signed by Judge Michael H. Watson on 11/13/13. (jk1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Karen Johnson,
Plaintiff,

v.

Case No. 2:13-cv-267
Judge Michael H. Watson

Wyeth LLC, et al.,
Defendants.
ORDER

Plaintiff brought this products liability action against the manufacturers of
brand name and generic metoclopramide. Plaintiff filed the action in Missouri
state court in October 2012. Defendants removed the action to the United States
District Court for the Eastern District of Missouri. The case was then transferred
to this Court in March 2013 because the Plaintiff resides in Ross County, Ohio.
On August 16, 2013, the Magistrate Judge issued an order requiring
Plaintiff to show cause within fourteen days why the case should not be
dismissed for failure to prosecute. ECF No. 941. Plaintiff did not respond to the
show cause order. On September 16, 2013, Defendants moved to dismiss the
action for failure to prosecute. ECF No. 86. The Magistrate Judge then issued a
report and recommendation which recommended that the Court dismiss the

action based on Plaintiff's failure to prosecute. ECF No. 87. The report and
recommendation specifically warned Plaintiff of the consequences of failing to

object in a timely fashion. /d. Plaintiff acknowledged receipt of the report and
recommendation on September 18, 2013. ECF No. 88.
Plaintiff has failed to file any objections to the Magistrate Judge's report
and recommendation and the deadline for doing so has passed. Accordingly, the
Court ADOPTS the Magistrate Judge's report and recommendation in its entirety
and DISMISSES this action with prejudice for failure to prosecute.
The Clerk shall enter final judgment in favor of Defendants, and against
Plaintiff, dismissing this action with prejudice for failure to prosecute. The Clerk
shall remove all pending motions in this case from the Civil Justice Reform Act
motions report.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT

Case No. 2: 13-cv-267

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