Eric Newberg, Billy Dewayne Burr, and Christopher A. Lorch v. Wellpath Recovery Solutions and Melinda Masters

Summary

The United States District Court for the Middle District of Florida dismissed the consolidated actions without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with a court order. The plaintiffs failed to file a required pretrial narrative statement or respond to an order to show cause concerning their apparent abandonment of the case.

Holdings

1. A plaintiff's failure to comply with a court order and failure to respond to an order to show cause, particularly after being warned that dismissal would result, warrants involuntary dismissal under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether plaintiffs' failure to comply with the court's pretrial order and failure to respond to the order to show cause warranted involuntary dismissal under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed