Sullivan v. Harrah's Operating Company Inc et al

Filing 13

ORDER re 6 MOTION to Dismiss for Lack of Jurisdiction filed by Mill End Enterprises Inc, 9 MOTION to Dismiss filed by OWLE Construction Inc. Plaintiff's responses to these motions were due b y February17, 2015. As the Plaintiff has failed to respond to the motions to dismiss, it appears to the court that she wishes to abandon this action. Plaintiff shall have through March 2, 2015, in which to file her responses to the motions to dismiss. Signed by Honorable Bruce Howe Hendricks on 2/19/2015. (abuc)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
Dreama Sullivan,
Plaintiff,
vs.
Harrah’s Operating Company, Inc.,
Owle Construction, Inc., and Mill End
Enterprises, Inc., d/b/a Carpet One &
Home,
Defendants.
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Civil Action No.: 8:14-4815-BHH

ORDER

The Plaintiff brought this action seeking monetary damages for injuries she
sustained while on vacation at Harrah’s Cherokee Casino Resort. On January 30, 2015,
the defendants Mill End Enterprises and OWLE Construction, Inc., filed separate motions
to dismiss. (ECF Nos. 6, 9.) Plaintiff’s responses to these motions were due by February
17, 2015.
As the Plaintiff has failed to respond to the motions to dismiss, it appears to the
court that she wishes to abandon this action. Therefore,
IT IS ORDERED that the Plaintiff shall have through March 2, 2015, in which to file
her responses to the motions to dismiss. The Plaintiff is advised that if she fails to
respond, this action will be subject to dismissal for failure to prosecute pursuant to
Fed. R. Civ. P. 41(b), and for failure to comply with this Court’s orders, pursuant to Rule
41(b) of the Federal Rules of Civil Procedure and the factors outlined in Chandler Leasing
Corp. v. Lopez, 669 F.2d 919, 920 (4th Cir.1982). See Ballard v. Carlson, 882 F.2d 93 (4th
Cir. 1989). The dismissal will be considered an adjudication on the merits, i.e., with

prejudice.
IT IS SO ORDERED.

/s/Bruce Howe Hendricks
United States District Judge
February 19, 2015
Greenville, South Carolina