Allred v. Graham

United States District Court for the Middle District of Florida

Allred v. Graham

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

SHANNON ALLRED,

Plaintiff,

v. Case No. 6:19-cv-726-Orl-37EJK

CARY W. GRAHAM; and THE REFINISHING COMPANY, LLC,

Defendants. _____________________________________

ORDER Plaintiff sued Defendants for failure to pay minimum wage under the Fair Labor Standards Act (“FLSA”) and breach of contract. (See Doc. 1.) When Plaintiff’s counsel withdrew, U.S. Magistrate Judge Embry J. Kidd advised Plaintiff of the responsibilities of pro se litigants. (Docs. 24–26.) Magistrate Judge Kidd also ordered Plaintiff to show cause why he should not recommend sanctions, including dismissal, for failure to answer the Court’s interrogatories as required under the FLSA scheduling order. (Doc. 27 (“Show Cause Order”).) Plaintiff didn’t respond to the interrogatories or Show Cause Order, so Magistrate Judge Kidd recommends dismissing the case for want of prosecution under Local Rule 3.10, finding Plaintiff failed to comply with Court orders and has not otherwise indicated she wishes to proceed with this case. (Doc. 30 (“R&R”).) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ,

2016 WL 355490

, at *1 (M.D. Fla. Jan 28, 2016); see also Macort v. Prem, Inc.,

208 F. App’x 781, 784

(11th Cir. 2006). Finding no such error, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. U.S. Magistrate Judge Embry J. Kidd’s Report and Recommendation (Doc. 30) is ADOPTED, CONFIRMED, and made part of this Order. 2. Plaintiff’s Complaint (Doc. 1) is DISMISSED for want of prosecution under Local Rule 3.10. If Plaintiff wishes to further pursue her claims, she must initiate a new action. 3. The Clerk is DIRECTED to close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on January 28, 2020.

Yj, ROY B. DALTON JR: United States District Judge

Copies to: Counsel of Record Pro Se Party

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Reference

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