Ferguson v. Acura

Middle District of Florida, flmd-8:2016-cv-03460

ORDER adopting {{85}} --REPORT AND RECOMMENDATIONS; granting in part {{81}} --motion for sanctions; dismissing the action with prejudice; directing the clerk to CLOSE the case. Signed by Judge Steven D. Merryday on 2/2/2018. (BK)

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PageID 561 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION HELEN FERGUSON, Plaintiff, v. CASE NO. 8:16-cv-3460-T-23AEP GETTEL ACURA, Defendant. ____________________________________/ ORDER A January 18, 2018 report (Doc. 85) recommends granting-in-part the defendant's motion (Doc. 81) for sanctions and recommends dismissing this action with prejudice for failure to prosecute and for failure to comply with several orders.* More than fourteen days has passed, and no party objects. Accordingly, the report and recommendation (Doc. 85) is ADOPTED. For the reasons stated in the report and recommendation, the motion (Doc. 81) for sanctions is GRANTED-IN-PART, * Helen Ferguson (1) failed to comply with an order directing Ferguson "to answer certain interrogatories and to produce any and all documents [she] relies upon in support of her claims or in response to the defenses asserted" (Doc. 78); (2) failed "to present any valid basis for her failure to comply or otherwise participate in discovery" (Doc. 85 at 6); (3) failed to appear for a November 3, 2017 deposition and presented no justification for her failure to appear; (4) failed to participate in the hearing on the defendant's motion to compel discovery (Doc. 85 at 7); and (5) failed to appear at a January 18, 2017 show cause hearing "despite. . . an explicit warning that failure to appear will result in a recommendation that this action be dismissed and/or sanctions imposed." (Doc. 85 at 7) PageID 562 and this action is DISMISSED WITH PREJUDICE. The clerk is directed to close the case. ORDERED in Tampa, Florida, on February 2, 2018. -2-