Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen

N.D. Indiana

Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen

DecidedMay 13, 2026

Docket4:25-cv-00006

StatusUnknown

This text of Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen (Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen, (N.D. Ind. 2026).

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Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

NOLEN L. MANNING, ) Plaintiff, ) ) v. ) CAUSE NO.: 4:25-CV-6-TLS-JEM ) DARDEN RESTAURANTS, INC., and ) GMRI, INC., d/b/a CHEDDAR’S ) SCRATCH KITCHEN, ) Defendants. )

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. § 636(b)(3) and Local Rule 72-1

This matter is before the Court sua sponte. On February 1, 2026, counsel for Plaintiff moved to withdraw, including the contact information for Plaintiff and a representation that they had informed Plaintiff of the intent to withdraw via multiple methods of communication. The motion was granted on February 4, 2026, and the Court set this matter for a telephonic hearing on the status of Plaintiff’s representation after his counsel withdrew. The hearing was set for March 12, 2026, and the parties, including Plaintiff Nolen L. Manning, pro se, were ordered to appear telephonically. Mr. Manning failed to appear without explanation, and an order to show cause was issued. He also failed to appear at the May 13, 2026, show cause hearing. Certified mail sent to Mr. Manning’s address was returned unclaimed. Accordingly, in light of Mr. Manning’s repeated failure to appear or to update his contact information with the Court, the Court RECOMMENDS that the District Court DISMISS this matter without prejudice for Plaintiff’s failure to prosecute the matter. This Report and Recommendation is submitted pursuant to 28 U.S.C. § 636(b)(1)(B). 1 Pursuant to 28 U.S.C. § 636(b)(1), the parties shall have fourteen (14) days after being served with a copy of this Recommendation to file written objections thereto with the Clerk of Court. The failure to file a timely objection will result in the waiver of the right to challenge this Recommendation before either the District Court or the Court of Appeals. Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999); Hunger v. Leininger, 15 F.3d 664, 668 (7th Cir. 1994); Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260-61 (7th Cir. 1989). SO ORDERED this 13th day of May, 2026. s/ John E. Martin_______________ MAGISTRATE JUDGE JOHN E. MARTIN UNITED STATES DISTRICT COURT cc: All counsel of record Plaintiff, pro se, 5615 Pretty Prairie Road, Battleground, IN 47920 by first class and certified mail, return receipt requested by email at nolenmanning10@gmail.com Judge Theresa L. Springmann

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

NOLEN L. MANNING, ) Plaintiff, ) ) v. ) CAUSE NO.: 4:25-CV-6-TLS-JEM ) DARDEN RESTAURANTS, INC., and ) GMRI, INC., d/b/a CHEDDAR’S ) SCRATCH KITCHEN, ) Defendants. )

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. § 636(b)(3) and Local Rule 72-1

This matter is before the Court sua sponte. On February 1, 2026, counsel for Plaintiff moved to withdraw, including the contact information for Plaintiff and a representation that they had informed Plaintiff of the intent to withdraw via multiple methods of communication. The motion was granted on February 4, 2026, and the Court set this matter for a telephonic hearing on the status of Plaintiff’s representation after his counsel withdrew. The hearing was set for March 12, 2026, and the parties, including Plaintiff Nolen L. Manning, pro se, were ordered to appear telephonically. Mr. Manning failed to appear without explanation, and an order to show cause was issued. He also failed to appear at the May 13, 2026, show cause hearing. Certified mail sent to Mr. Manning’s address was returned unclaimed. Accordingly, in light of Mr. Manning’s repeated failure to appear or to update his contact information with the Court, the Court RECOMMENDS that the District Court DISMISS this matter without prejudice for Plaintiff’s failure to prosecute the matter. This Report and Recommendation is submitted pursuant to 28 U.S.C. § 636(b)(1)(B). 1 Pursuant to 28 U.S.C. § 636(b)(1), the parties shall have fourteen (14) days after being served with a copy of this Recommendation to file written objections thereto with the Clerk of Court. The failure to file a timely objection will result in the waiver of the right to challenge this Recommendation before either the District Court or the Court of Appeals. Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999); Hunger v. Leininger, 15 F.3d 664, 668 (7th Cir. 1994); Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260-61 (7th Cir. 1989). SO ORDERED this 13th day of May, 2026. s/ John E. Martin_______________ MAGISTRATE JUDGE JOHN E. MARTIN UNITED STATES DISTRICT COURT cc: All counsel of record Plaintiff, pro se, 5615 Pretty Prairie Road, Battleground, IN 47920 by first class and certified mail, return receipt requested by email at nolenmanning10@gmail.com Judge Theresa L. Springmann

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Nolen L. Manning v. Darden Restaurants, Inc., and GMRI, Inc., d/b/a Cheddar’s Scratch Kitchen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nolen-l-manning-v-darden-restaurants-inc-and-gmri-inc-dba-innd-2026.

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