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Robider v. Pepsico Bottling Grp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
Aug 3, 2015
Case No. CV414-138 (S.D. Ga. Aug. 3, 2015)

Opinion

Case No. CV414-138

08-03-2015

CHARLES SCOTT ROBIDER, Plaintiff, v. PEPSICO BOTTLING GROUP, Defendant.


REPORT AND RECOMMENDATION

Seven months ago, the Court noted that plaintiff Charles Scott Robider's employment discrimination complaint failed to state a claim and gave him twenty-one days to re-plead. Doc. 3. He failed to do so, and the undersigned thus recommended dismissing this case with prejudice for failure to obey a Court Order. Doc. 4. On June 18, 2015, the district judge vacated that recommendation and instead gave plaintiff another twenty-one days to "furnish 'a short and plain statement of [his] claim,'" while warning that "failure to timely comply with this Order will result in dismissal of this case." Doc. 7 at 3 (quoting Fed. R. Civ. P. 8(a)) (emphasis in original).

Once again, Robider has failed to comply. And so once again, it is recommended that this action be dismissed with prejudice. See Fed. R. Civ. P. 41(b) (involuntary dismissals for failure to prosecute or comply with a court order generally operate "as an adjudication on the merits"); L.R. 41(b) (authorizing dismissal for neglect of any Court order); Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962); Mingo v. Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v. Graham, 709 F.2d 1457 7 1458 (11th Cir. 1983); Floyd v. United States, No. CV491-277 (S.D. Ga. June 10, 1992). Twice now Robider has failed to comply with the Court's orders. See docs. 3 & 7. Once might be an oversight, but twice shows "willful contempt" and thus justifies Rule 41(b)'s "with prejudice" sanction. Betty K Agencies, Ltd. v. M/V Monada, 432 F.3d 1333, 1337 (11th Cir. 2005). Robider had an opportunity to have his day in court and squandered it. A lesser sanction thus will not suffice. See Mingo, 864 F.2d at 102.

SO REPORTED AND RECOMMENDED this 3rd day of August, 2015.

/s/ _________

UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA


Summaries of

Robider v. Pepsico Bottling Grp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION
Aug 3, 2015
Case No. CV414-138 (S.D. Ga. Aug. 3, 2015)
Case details for

Robider v. Pepsico Bottling Grp.

Case Details

Full title:CHARLES SCOTT ROBIDER, Plaintiff, v. PEPSICO BOTTLING GROUP, Defendant.

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

Date published: Aug 3, 2015

Citations

Case No. CV414-138 (S.D. Ga. Aug. 3, 2015)