Opinion
CIVIL ACTION NO. 2:17-0070
04-26-2017
HEATHER ARMSTRONG, ET AL v. AXIALL CORPORATION, ET AL
JUDGE JAMES T. TRIMBLE, JR.
MAG. JUDGE KAY
MEMORANDUM RULING AND JUDGMENT
Before the court is "Defendant's Rule 41(b)Motion to Dismiss" (R. #1) wherein, Defendants, Axiall Corporation, John Manns, Eagle US 2 LLC, P H H Monomers LLC, move to dismiss with prejudice Plaintiffs Heather Armstrong, Tristan Armstrong, Julie R. Blaylock and Cody Cahanin for failure to prosecute.
On January 17, 2017, the court ordered that the Plaintiffs herein be transferred from the original lawsuit entitled Julie Blaylock, et al v. Axiall Corp, Civ. Action 2:15-275-JTT-KK to this lawsuit. The sole purpose of this administrative case is to consider the instant motion to dismiss those Plaintiffs who failed to respond to discovery as ordered by the court in the original lawsuit.
R. #37.
On February 8, 2017, the Magistrate Judge granted Plaintiffs' counsel Steven W. Hale and W. Taylor Hale's motion to withdraw and put Plaintiffs on notice that they were representing themselves after specifically finding that former counsel had taken adequate measures to contact these Plaintiffs. The Magistrate Judge further ordered the clerk to mail notice of the order to these Plaintiffs to the addresses provided in the pleadings.
See R. #3 and Electronic Order #4.
R. #4. In the order noticed the plaintiffs, the Magistrate Judge also put plaintiffs on notice that the instant motion to dismiss had been filed. --------
As of this date, these Plaintiffs have not responded to the discovery requests, nor have any of the Plaintiffs opposed the instant motion to dismiss. Accordingly,
IT IS ORDERED, ADJUDGED AND DECREED that the motion to dismiss is hereby GRANTED dismissing with prejudice all claims of Plaintiffs Heather Armstrong, Tristan Armstrong, Julie R. Blaylock and Cody Cahanin.
IT IS FURTHER ORDERED that the Clerk of Court close the instant lawsuit.
THUS DONE AND SIGNED in Alexandria, Louisiana on this 26th day of April, 2017.
/s/ _________
JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT COURT