Andre v. Biro

• Court: District Court, S.D. Florida
• Decided: July 24, 2020
• Docket: 0:19-cv-62181
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 19-62181-CIV-MORENO WILHELRMS TEDDYS ANDRE, Plaintiff, . vs. RYAN T. BIRO, CLAYTON ROBERSON, . CARY DEJEAN, THOMAS JR. NELSON, PAUL HORMANN, WILLIAM, LUIS CASTRO, individually, Capacity as a City of Sunrise Police Officers, Defendants. _/ ORDER DISMISSING CASE WITHOUT PREJUDICE THIS CAUSE came before the Court upon sua sponte review of the record. THE COURT has considered the record, and being otherwise fully advised in the premises, it is ADJUDGED that the Cause is DISMISSED WITHOUT PREJUDICE due to Plaintiffs failure to appear at the telephonic status hearing, which was scheduled for today, July 24, 2020, at 10:30 A.M. See FED. R. Civ. P. 41(b) (permitting a court, in its discretion, to dismiss a case “[i]f the plaintiff fails to prosecute or to comply with these rules or a court order.”). The hearing was scheduled to determine the status of the pending motions on the docket, including the Defendants’ motion to dismiss the case due to Plaintiffs egregious discovery violations at deposition. As the Court. explained at the hearing, it attempted to contact the Plaintiff by email (Wt_andre@yahoo.com) and phone (646-707-9422). In fact, when the Court called the Plaintiffs phone minutes before the hearing, the recipient immediately hung up the phone. Accordingly, the Court finds Plaintiffs failure to appear at the hearing to be a willful disregard of the Court’s order.

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See Reed v. Fulton Cty. Gov’t, 170 F. App’x 674, 675-76 (11th Cir. 2006) (affirming a dismissal of a case brought by a pro se plaintiff under Rule 41(b) for “willful disregard of the court’s order.”). Accordingly, because the Plaintiff has abandoned the case and failed to comply with the rules and orders of the Court, demonstrating a willful disregard of the Court’s order setting the case for a status hearing, this case is dismissed without prejudice and closed.

DONE AND ORDERED in Chambers at Miami, Florida, this Y July 2020.

FED A. MORENO UNIFED STATES DISTRICT JUDGE Copies furnished to: Counsel of Record

Wilhelrms Teddys Andre 9351 NW 46th Court Sunrise, FL 33351 PRO SE .