Andrion v. The Lincoln National Life Insurance Company

• Court: District Court, M.D. Florida
• Decided: October 20, 2022
• Docket: 8:22-cv-01218
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ALBERT ANDRION, Plaintiff,

v. Case No. 8:22-cv-1218-KKM-AAS LINCOLN NATIONAL INSURANCE COMPANY, Defendant.

ORDER Plaintiff has failed to file a mediation notice in accordance with the Court’s Scheduling Order (Doc. 13) and has failed to show good cause for these failures despite the Court repeatedly directing him to do so and warning that failure to show good cause for his failures would result in the action being dismissed without further notice. (Doc. 14; Doc. 15; Doc. 17; Doc. 19.) Mr. Andrion’s lack of diligence in the prosecution of his claims and his repeated refusals to comply with Court orders is a clear pattern of delay that

warrants dismissal. See World Thrust Films, Inc. v. Int'l] Fam. Ent., Inc., 41 F.3d 1454, 1456 (11th Cir. 1995) (“A district court has authority under Federal Rules of Civil Procedure 41(b) to dismiss actions for failure to comply with local rules.”).

Accordingly, the following is ORDERED:

1. This action is DISMISSED WITHOUT PREJUDICE for failure to

prosecute and to comply with the Court’s orders. 2. The Clerk is DIRECTED to terminate any pending motions or deadlines, enter judgment in favor of Defendant, and close this case. DONE AND ORDERED at Tampa, Florida, on October 20, 2022.

/s/ William F. Jung WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO: Counsel of Record