Davis v. Illini State Trucking Co et al

Filing 14

ORDER: The court accepts the 11 Findings and Recommendations of the magistrate judge as to Davis's claims against Bult, Jackson, and Cernick. Granting 12 Motion to Dismiss. The court dismisses without prejudice all claims asserted by Davis against Bult, Jackson, and Cernick. (Ordered by Judge Sam A Lindsay on 8/22/2017) (svc)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
BOBBY DAVIS,
Plaintiff,
v.
ILLINI STATE TRUCKING, CO.; ROB
BULT; WILBERT JACKSON; and
ALAN CERNICK,
Defendants.

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Civil Action No. 3:17-CV-986-L

ORDER
Before the court are the Findings, Conclusions, and Recommendation of the United States
Magistrate Judge (“Report”) (Doc. 11), filed July 21, 2017; and the Joint Motion to Dismiss With
Prejudice of Plaintiff Bobby Davis (“Davis”) and Defendant Illini State Trucking, Co. (“Illini”)
(Doc. 12), filed July 24, 2017.
Davis filed this action under the Fair Labor Standards Act against Illini; Rob Bult (“Bult”);
Wilbert Jackson (“Jackson”); and Alan Cernick (“Cernick”) on April 7, 2017. On July 3, 2017,
the Honorable United States Magistrate Judge Irma Carrillo Ramirez noted that none of the
defendants had made an appearance or otherwise responded, and that Davis had not requested
entry of default or moved for default judgment pursuant to Federal Rule of Civil Procedure 55
(Doc. 10).
Judge Ramirez ordered Davis to show cause in writing by 5:00 p.m. on July 17, 2017, why
he had not requested an entry of default or moved for default judgment. Judge Ramirez also
warned Davis that failure to show cause could result in the dismissal of this action without
prejudice and without further notice (Doc. 10).
Order – Page 1

Davis did not comply with Judge Ramirez’s order. Judge Ramirez then issued her Report
and recommended that the action be dismissed without prejudice for Davis’s failure to respond to
the show-cause order, as he failed to comply with a court order. After Judge Ramirez issued her
Report on July 21, 2017, Davis and Illini filed the joint motion to dismiss.
Although Davis did not comply with the court order, he and Illini have settled their
differences and resolved the matter between them. Accordingly, the court will grant the Joint
Motion to Dismiss With Prejudice. As they have agreed to dismiss with prejudice, this will moot
the Report’s recommendation that the court dismiss this action without prejudice as to Davis and
Illini.
With respect to the Report’s recommendation regarding Plaintiff’s claims against the other
defendants, the court accepts the findings and conclusions of the magistrate judge as to Davis’s
claims against Bult, Jackson, and Cernick because Davis did not file a show-cause order as directed
by Magistrate Judge Ramirez. As Davis did not respond to Judge Ramirez’s order regarding the
three individual Defendants, dismissal of this action without prejudice is appropriate.
Accordingly, the court will accept the findings and conclusions of the magistrate judge and dismiss
this action without prejudice regarding the claims Davis asserted against Bult, Jackson, and
Cernick.
For the reasons herein set forth, the court grants the Joint Motion to Dismiss (Doc. 12) and
dismisses with prejudice all claims asserted by Davis against Illini. Davis and Illini are to bear
their own costs. The court dismisses without prejudice all claims asserted by Davis against Bult,
Jackson, and Cernick. The court directs the clerk of court to close this action.

Order – Page 2

It is so ordered this 22nd day of August, 2017.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 3