Roter v. Frontier Airlines Inc et al

Filing 37

ORDER signed by Judge Rudolph T. Randa on 12/4/2014. Plaintiff Roter to file response to Defendants' summary judgment motion by 1/15/2015. Failure to file response may lead to dismissal of this action. Failure to address Defendants' proposed findings of fact may result in those facts being considered undisputed for purposes of the summary judgment motion, or the Court may grant the summary judgment motion. (cc: all counsel, via US mail to Dafina Roter Velyov)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DAFINA ROTER VELYOV,
Plaintiff,
-vs-

Case No. 14-C-0071

FRONTIER AIRLINES, INC. and
REPUBLIC AIRWAYS HOLDINGS INC.,
Defendants.
DECISION AND ORDER
On October 14, 2014, Frontier Airlines, Inc. and Republic Airways
Holdings, Inc. (collectively the “Defendants”) filed a motion for summary
judgment (ECF No. 32) seeking dismissal of the then-remaining claims
under the Family and Medical Leave Act (“FMLA”) and the Wisconsin Fair
Employment Act (“WFEA”)1 in this action brought by pro se Plaintiff
Dafina Roter Velyov (“Roter”).

The Defendants’ certificates of service

indicate that the papers were sent to Roter by first-class mail.
To date, Roter has not filed any response to the summary judgment
motion, and the time allotted by this District’s Civil Local Rule 56(b)(2) for

On October 16, 2014, the Court issued a Decision and Order (ECF No. 36)
granting the Defendants’ motion for partial judgment on the pleadings dismissing
Roter’s WFEA claim.
1

filing the response has passed.

Roter filed a late response to the

Defendants’ previous motion for judgment on the pleadings and was
advised that it was within the Court’s discretion to grant the motion due to
her failure to meet the deadline. However, based on the circumstances the
Court instead admonished Roter that in the future she would be required
to comply with all federal and local rules. Again, the Court is faced with
her failure to file a timely response.
In an exercise of its discretion, the Court will extend the time for
Roter to file any response to the Defendants’ summary judgment motion.
Roter must file her response no later than January 15, 2015.

Roter is

advised that if she fails to properly address the Defendants’ proposed
findings of fact, the Court may consider the fact(s) undisputed for purposes
of the motion and/or grant the summary judgment motion. See Fed. R. Civ.
P. 56(e)(2)-(3); Civ. L.R. 56(b)(4) (E.D. Wis.). Rotor is further advised that
if she does not file any response to the motion, the Court may dismiss the
action for failure to prosecute “with or without prejudice.” See Civ. L.R.
41(c).

-2-

NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Roter MUST FILE her response to the Defendants’ summary
judgment motion no later than January 15, 2015.
Dated at Milwaukee, Wisconsin, this 4th day of December, 2014.

BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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