Jason Flakes v. Lisa Reed, David Horvath, Jeremy Bugbee, Kathleen Parsons, Darrel(L) Barrows, Kyle Russell, Stephanie Adams, Tracy Grossett, Robert Cooper, Amie Ramirez, and Dujuana Vandecasteele

Summary

The United States District Court for the Eastern District of Michigan denies Defendant Darrel(l) Barrows’ motion seeking enforcement of a response deadline, summary judgment, or dismissal for failure to prosecute. The court explains that an unopposed motion for summary judgment cannot be granted automatically and requires review of the movant’s showing. The court orders Plaintiff Jason Flakes to show cause by February 13, 2026, why his claims against Barrows should not be dismissed under Federal Rule of Civil Procedure 41(b) and the court’s Local Rule 41.2, and to propose an extended response deadline.

Holdings

1. A district court cannot grant summary judgment for the movant simply because the adverse party has not responded; the court must at least examine the motion to determine whether the movant has carried the summary-judgment burden.
2. The court would not immediately dismiss Plaintiff's claims against Barrows for failure to prosecute; instead, it required Plaintiff to show cause and warned that failure to comply would result in a report and recommendation for dismissal.

Questions Presented

1. Whether the court could grant Defendant Barrows's motion for summary judgment merely because Plaintiff failed to respond.
2. Whether Defendant Barrows's motion to enforce the response order and dismiss Plaintiff's claims for failure to prosecute should be granted.
3. Whether Plaintiff should be given notice and an opportunity to show cause before dismissal under Federal Rule of Civil Procedure 41(b) and E.D. Mich. LR 41.2.

Disposition

other