Glozik Holdings LLC v. Westchester Surplus Lines Insurance Company
This text of Glozik Holdings LLC v. Westchester Surplus Lines Insurance Company (Glozik Holdings LLC v. Westchester Surplus Lines Insurance Company) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION
GLOZIK HOLDINGS LLC,
Plaintiff,
v. Case No.: 2:24-cv-963-SPC-NPM
WESTCHESTER SURPLUS LINES INSURANCE COMPANY,
Defendant.
ORDER This matter comes before the Court on sua sponte review of the file. On October 17, 2025, Defendant Westchester Surplus Lines Insurance Company filed its Motion for Summary Judgment. (Doc. 36). Plaintiff Glozik Holdings LLC did not file a response in opposition to the motion or request an extension of time to do so. So on November 12, 2025, the Court issued an Order to Show Cause to respond by November 19, 2025, warning Plaintiff that under Local Rule 3.01(d), “[i]f a party fails to timely respond, the motion is subject to treatment as unopposed.” (Doc. 40). The Court observed that “it does not appear Plaintiff is diligently prosecuting this action or opposing adverse judgment” and cautioned Plaintiff that “[f]ailure to comply with this Order may result in the dismissal of this action without further notice.” (Id. (citing M.D. Fla. L.R. 3.10). Nonetheless, Plaintiff failed to respond to the Order to Show Cause or request an extension of time to do so. Dismissal without prejudice for failure to prosecute is not an adjudication on the merits; and, therefore, courts are afforded discretion in dismissing claims in this manner. See, e.g., Roderick v. Hartford Ins. Co. of the Midwest, No. 2:23-CV-1169-SPC-NPM, 2025 WL 42978, at *2 (M.D. Fla. Jan. 7, 2025) (citing Taylor v. Spaziano, 251 F. App’x 616, 619 (11th Cir. 2007)). Accordingly, this action is dismissed without prejudice for failure to prosecute. See M.D. Fla. 3.10. The Clerk is directed to terminate any pending deadlines, deny all pending motions as moot, and close this case. DONE and ORDERED in Fort Myers, Florida on November 20, 2025.
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record
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