James Shive V. Amazon.com, Inc.
James Shive V. Amazon.com, Inc. CV 15-406 JB/WPL, United States District Court for the District of New Mexico, December 4, 2015.
Case Details
This case involved the court order to show cause on October 13, 2015, directing the Plaintiff, James Shive, to move the case forward. However, Shive did not respond to the Order. These Defendants were dismissed without prejudice on October 29, 2015.
Sears seeks to use Shive’s failure to comply with the Order to Show Cause as basis for dismissal with prejudice of all claims against Sears. However, Sears cited no additional authority stating that a plaintiff’s failure to comply with an order to show cause should serve as basis to dismiss all claims against the unrelated defendant.
The Court warned the Plaintiff that dismissal of the relevant Defendants would occur if he failed to comply with the Order to Show Cause. Therefore, those Defendants were subsequently dismissed, including Amazon.com, Inc.
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