Pinnacle Agric. Distrib., Inc. v. Kight

Christopher L. Ray United States Magistrate Judge Southern District of Georgia

ORDER

Plaintiff filed this action, seeking to recover $252,956.95 from the defendant on an unpaid open account. See doc. 1 (Complaint). Defendant answered, doc. 9, and the parties conducted at least some discovery. See doc. 13 (Status Report). The Court granted an extension of time to complete discovery, and consequent extensions of other pending deadlines, on April 24, 2018. See doc. 15. Those extended deadlines have long since passed, without any further indication of progress from the parties. See id. (requiring all motions, excluding motions in limine, be filed by November 16, 2018).

Accordingly, within 14 days of the date of this Order, the plaintiff must respond and SHOW CAUSE why this case should not be dismissed on abandonment grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).; Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962) (courts have the inherent authority to dismiss claims for lack of prosecution); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States, CV491-277 (S.D. Ga. June 10, 1992). Failure to respond to this Order will result in a recommendation of dismissal of this action.

SO ORDERED, this 2nd day of April, 2019.

/s/_________

Christopher L. Ray

United States Magistrate Judge

Southern District of Georgia