Order | Filed: July 08, 2026
| Entered: July 08, 2026
Irvin v. Schindler Elevator Corporation
P.I.: Other | Florida Southern
Order Dismissing/Closing Case or Party ~Util - Terminate Deadlines and Hearings ~Util - Terminate Motions
PAPERLESS ORDER DISMISSING CASE. THIS MATTER is before the Court on Defendant's Motion for Summary Judgment (DE 36 ) and its request for judicial notice (DE 35 ) (collectively "Motions"). Defendant filed the Motions on June 1, 2026. Plaintiff, however, failed to respond to the Motions. Accordingly, on July 1, 2026, the Court entered an Order requiring Plaintiff to show cause why the Motions should not be granted by default. (DE 38). Plaintiff has not responded to the Motions nor to the Court's Order to Show Cause.
Federal Rule of Civil Procedure 41(b) authorizes a court to dismiss an action without prejudice based on a plaintiff's failure to prosecute or comply with a court order. See Fed. R. Civ. P. 41(b); see also Brutus v. Internal Revenue Serv., 393 F. App'x. 682, 683-84 (11th Cir. 2010) ("[T]he district court may sua sponte dismiss a case under Rule 41(b)... to prevent undue delays in the disposition of pending cases and to avoid congestion in the calendars[.]") (internal quotation marks and citations omitted); Belle v. Wormuth, No. 19-CV-257, 2023 WL 2585005, at *1 (S.D. Ga. Feb. 22, 2023), report and recommendation adopted, 2023 WL 2576758, at *1 (S.D. Ga. Mar. 20, 2023) (recommending dismissal without prejudice based on plaintiff's failure to respond to defendant's motion for summary judgment and the court's order to show cause). "Although [Rule 41(b)] is phrased in terms of dismissal on the motion of the defendant, it is clear that the power is inherent in the court and may be exercised sua sponte whenever necessary to achieve the orderly and expeditious disposition of cases." Solis v. CitiMortgage, Inc., 700 F. App'x 965, 969 (11th Cir. 2017) (quoting Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)).
Accordingly, in the interest of judicial economy and efficient case management, it is it is ORDERED AND ADJUDGED that: (1) this case is DISMISSED WITHOUT PREJUDICE based on Plaintiff's failure to prosecute and noncompliance with the Court's Order to Show Cause; (2) Defendant's Motions (DE 35 ; DE 36 ) are DENIED AS MOOT; and (3) this case is CLOSED.
Signed by Judge Kathleen M. Williams on 7/8/2026. (ah06)