Dubois v. Maaco Franchising, LLC

Middle District of Florida, flmd-8:2017-cv-00260

ORDER dismissing case without prejudice; directing clerk to close the case. Signed by Judge James D. Whittemore on 8/24/2017. (AEN)

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PageID 64 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CLEVE DUBOIS, on behalf of himself and on behalf of all others similarly situated, Plaintiff, vs. Case No. 8: 17 - cv - 260 - T - 27AEP LIBERATO, LLC d / b / a MAACO COLLISION REPAIR & AUTO PAINTING, Defendant. ORDER ON JULY 31, 2017, this Court entered an Order directing Plaintiff to appear personally at a status conference scheduled for August 23, 2017. (Dkt. 14) . The Order expressly stated: " FAILURE OF PLAINTIFF TO APPEAR AT SAID CONFERENCE. . . SHALL RESULT IN THE DISMISSAL OF THIS CAUSE. . . . " (Dkt. 14) . Plaintiff failed to appear, pro se or through newly retained counsel, at said hearing. The Court finds, based on Plaintiff's willful failure to comply with this Order, that lesser sanctions will not suffice. Pierce v. City of Miami, 176 F. App ' x 12, 14 (11th Cir. 2006) . Accordingly, this case is DISMISSED without prejudice. All pending motions are DENIED as moot. The clerk is directed to CLOSE this case. DONE AND ORDERED this 24 day of August, 2017. this 24 Hittum JAMES D. WHITTEMORE United States District Judge Copies to: Counsel of record; Cleve Dubois 7510 Maryland Avenue Hudson, FL 34667