Bryant v. Madison County Jail et al

Filing 28

ORDER GRANTING DEFENDANTS' MOTION FOR INVOLUNTARY DISMISSAL 26 . Signed by Judge James D. Todd on 4/14/15. (Todd, James)

001-447-00

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JAQUAN MONTEZ BRYANT

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Plaintiff,
v.
MADISON COUNTY, ET. Al.
Defendants.

No.: 14-01007 JDT-egb

ORDER GRANTING DEFENDANTS’
MOTION FOR INVOLUNTARY DISMISSAL

Presently before the Court is the Defendants’ motion to dismiss this action pursuant to
Rule 37(b)(2) and Rule 41(b) of the Federal Rules of Civil Procedure due to the Plaintiff’s failure
to comply with the Court’s January 13, 2015 Order. In that order, the Court granted the Plaintiff
a discovery extension and ordered the Plaintiff to provide written discovery responses within
thirty days of the entry of the order. The Plaintiff has failed to comply with the Court’s order.
The Court previously warned the Plaintiff that “failure to comply with … any other order
of the Court … may result in the dismissal of this case without further notice.” (D.E. 12, Order
Issuing Service of Process, p. 6.) Yet, even after receiving an extension of time, the Plaintiff has
failed to comply with the federal rules and this Court’s order.

The Court finds that this

prejudices the Defendants in their efforts to comply with the Court’s scheduling order, finish
discovery, and prepare dispositive motions.

Additionally, the Court has considered other

alternatives, and finds that dismissal of this action is warranted as the most effective “measure …
available to the district court as a tool to effect ‘management of its docket and avoidance of
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unnecessary burdens on the tax-supported courts [and] opposing parties.’” Knoll v. American
Tel. & Tel. Co., 176 F.3d 359, 362-363 (6th Cir. 1999) (quoting Matter of Baker, 744 F.2d 1438,
1441 (10th Cir. 1984)).
It is therefore, ORDERED, ADJUDGED AND DECREED, that pursuant to Rules
37(b)(2) and 41(b) of the Federal Rules of Civil Procedure, this action is dismissed against all
defendants.
So ordered this the _14th___ day of April, 2015.

s/James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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