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17-302 - Smith v. Republic Services, Inc. et al


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17-302 - Smith v. Republic Services, Inc. et al
March 28, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs counsel shall show cause in writing no later than April 7, 2017 why he has failed to comply with the registration and admission process of this Court. Failure to comply with this Order may result in dismissal of this action for failure to prosecute pursuant Federal Rule of Civil Procedure 41(b). IT IS FURTHER ORDERED that the Clerk of Court shall send a copy of this Order to Plaintiffs counsel by mail at the following address. (A copy of this order mailed to the given address.) Signed by Magistrate Judge Noelle C. Collins on 03/28/2017. (KCB)
September 13, 2017
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MEMORANDUM AND ORDER. (See Full Order.) The Second Amended Complaint fails to state a claim upon which relief can be granted. As defendants' motion under Rule 12(b)(6) correctly points out, the Complaint does not allege the necessary elements of any legally cognizable cause of action and contains insufficient factual allegations to establish any claim. The Complaint also violates the federal pleading requirements of Rules 8 and 10. Plaintiff's "Answer" in opposition to dismissal was filed two days late and does not address the defendants' substantive legal arguments. The Court has given plaintiff multiple extensions of time and opportunities to correct his deficient pleadings. This case will be dismissed with prejudice. Accordingly, IT IS HEREBY ORDERED that defendants' Motion to Dismiss [#29 is GRANTED. This case is dismissed with prejudice. Signed by District Judge Catherine D. Perry on 9/13/2017. (CBL)