Gillum v. Harris-Teeter, LLC

Full title: ANN MARIE GILLUM, Plaintiff v. HARRIS-TEETER, LLC, Defendant

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: Jun 10, 2016

No. 3:15-0097 (M.D. Tenn. Jun. 10, 2016)

Opinion

No. 3:15-0097

06-10-2016

ANN MARIE GILLUM, Plaintiff v. HARRIS-TEETER, LLC, Defendant

JOHN S. BRYANT United States Magistrate Judge

Judge Crenshaw/Bryant
Jury Demand TO: THE HONORABLE WAVERLY CRENSHAW, JR. REPORT AND RECOMMENDATION

On March 22, 2016, the Court granted the motion of Andy L. Allman for leave to withdraw as counsel for Plaintiff Gillum (Docket Entry No. 32). This order granted Plaintiff 30 days within which to retain new counsel. Since the date of this order, no new counsel has appeared on behalf of Plaintiff.

Earlier, on February 5, 2016, Defendant Harris-Teeter filed its motion to dismiss this case because of Plaintiff's failure to prosecute (Docket Entry No. 20). As grounds for this motion, Defendant cited Plaintiff's failure to appear for her scheduled discovery deposition and her delay in supplementing her responses to written interrogatories.

On May 17, 2016, the undersigned Magistrate Judge entered an order requiring Plaintiff Gillum to show cause by June 1, 2016, why this case should not be dismissed for her failure to prosecute (Docket Entry No. 36). This order expressly admonished Plaintiff that if she failed to respond her failure may cause the undersigned Magistrate Judge to recommend that her complaint be dismissed. Despite this admonition, Plaintiff has failed to respond to this order to show cause.

For the reasons stated above, the undersigned finds that the complaint in this action should be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for Plaintiff's failure to prosecute.

RECOMMENDATION

For the reasons stated above, the undersigned recommends that the complaint be dismissed for failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has 14 days from receipt of this Report and Recommendation in which to file any written objections to this Recommendation with the District Court. Any party opposing said objections shall have 14 days from receipt of any objections filed in this Report in which to file any responses to said objections. Failure to file specific objections within 14 days of receipt of this Report and Recommendation can constitute a waiver of further appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S. Ct. 466, 88 L.Ed.2d 435 (1985), Reh'g denied, 474 U.S. 1111 (1986).

ENTER this 10^th day of June, 2016.

/s/ John S. Bryant

JOHN S. BRYANT

United States Magistrate Judge