Dennis v. The Hershey Company et al

Filing 52

ORDER TO SHOW CAUSE re 50 MOTION to Dismiss for Failure to Prosecute and Motion for Summary Judgment filed by The Hershey Company; Show Cause Response due by 10/28/2014; signed by Judge Ronald B. Leighton. (DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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AL DENNIS,
Plaintiff,

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CASE NO. C13-5131 RBL
ORDER TO SHOW CAUSE RE
MOTION TO DISMISS AND
SUMMARY JUDGMENT
[Dkt. #50]

v.
THE HERSHEY COMPANY,
Defendant.

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This Matter is before the Court on Defendant Hershey’s Motion to Dismiss and for
Summary Judgment [Dkt. #50].
Dennis sued Hershey claiming discrimination. Hershey asserted a $20,000 counterclaim

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for purchases Dennis improperly made with his company credit card. The Court dismissed most
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of Dennis’s claims, but his hostile work environment and constructive discharge claims survived.
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Dennis has not responded to discovery, his counsel has withdrawn, and he refused to participate
in drafting the Joint Status Report that was due a month ago.
Hershey now seeks dismissal of Dennis’s remaining claims for failure to prosecute, and
summary judgment on its counterclaim. Dennis has not responded to the motion.

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ORDER- 1

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DISCUSSION
A defendant may move to dismiss an action with prejudice if the plaintiff fails to

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prosecute the case, fails to comply with a court order, or fails to comply with the Federal Rules
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of Civil Procedure. Fed R. Civ. P. 41(b). The power to dismiss an action for failure to prosecute
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"is necessary in order to prevent undue delays in the disposition of pending cases and to avoid
congestion." Link v. Wabash Railroad Co., 370 U.S. 626, 629 (1962).
It is clear that Dennis has failed to prosecute this action and has failed to comply with the
Court’s Orders. What is not clear is whether he has some valid reason for his failure.
Dennis is therefore ORDERED to SHOW CAUSE IN WRITING within 14 days of this Order

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why his remaining claims should not be dismissed with prejudice for failure to prosecute.
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Dennis has failed to respond to Hershey’s motion for summary judgment as well. Under Local
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Rule 7, the Court may deem his failure an admission that the Motion has merit. Nevertheless,

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Dennis is pro se, and his response to this Order should also address Hershey’s Motion.

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If Dennis does not respond, or his response is not compelling, the Motions will be
granted without further notice.
IT IS SO ORDERED.
Dated this 14th day of October, 2014.

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A
RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE

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ORDER- 2