Spencer v. Auto-Owners Insurance Company

Filing 55

ORDER granting 52 Motion to Dismiss for Lack of Prosecution, dismissing the action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Honorable Joseph F. Anderson, Jr. on 04/09/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Scott Spencer,

C/A No. 3:13-cv-01306-JFA
Plaintiff,

vs.
ORDER
Auto-Owners Insurance Company,
Defendant.

This action was filed on May 14, 2013. On July 30, 2013, the court granted a motion by
Plaintiff’s counsel to withdraw, and allowed Plaintiff 30 days to retain new counsel. The court
subsequently granted three motions by Plaintiff for an extension of time to retain new counsel.
The third motion for an extension of time, made on October 29, 2013, was the last time the court
or defense counsel has heard from Plaintiff. On January 8, 2014, the court notified Plaintiff that
the court assumed he would proceed pro se, and issued a scheduling order. On February 26,
2014, the court granted Defendant’s motion to compel responses to discovery requests.
Defendant has yet to receive a response to discovery, and discovery is now closed. The court
specifically warned Plaintiff that failing to comply with this court’s order granting the motion to
compel could result in dismissal of the action, with prejudice. ECF No. 47. Therefore, the court
grants Defendant’s motion to dismiss for failure to prosecute.

ECF No. 52. The case is

dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

IT IS SO ORDERED.
April 9, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge