Jonathan Morrison v. XPO Logistrics Freight, Inc.

Springfield, Missouri pro se litigant sued on a civil rights employment discrimination theory.

EXT ORDER entered by U.S. District Judge Sue E. Myerscough on 7/25/2025. On June 17, 2025, Defendant XPO Logistics Freight, Inc. filed a Motion to Dismiss For Failure to Prosecute and For Fees and Costs (d/e 18 ) and Memorandum in Support (d/e 19 ).



Plaintiff Jonathan Morrison has proceeded pro se in this case since December 26, 2024. See December 26, 2024 Text Order. Counsel for Defendant alleges that Plaintiff "has not responded to Defendants discovery requests" served on October 1, 2024. See d/e 19 , p. 1. Counsel for Defendant allegedly "sent Plaintiff a letter on March 13, 2025, providing him with the Notice of Deposition and informing him to contact undersigned counsel if the [March 27, 2025 deposition] date did not work with his schedule." Id. at p. 2. Counsel for Defendant alleges that the letter was confirmed delivered via FedEx and that "Plaintiff never contacted counsel" and "did not appear" at the March 27, 2025 deposition. Id.



On July 8, 2025, this Court extended Plaintiff's deadline to respond to Defendant's Motion (d/e 18 ) and Memorandum in Support (d/e 19 ) to on or before July 23, 2025, directed Plaintiff to so respond, and warned Plaintiff that this Court would otherwise dismiss this action. See July 8, 2025 Text Order.



Under Federal Rule of Civil Procedure 41, "If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it." Fed. R. Civ. P. 41(b). As of this date, Plaintiff has not responded to this Court's July 8, 2025 Text Order nor Defendant's Motion (d/e 18 ), nor has he filed anything on the docket since proceeding pro se in this case as of December 26, 2024.



Therefore, Defendant's Motion to Dismiss For Failure to Prosecute and For Fees And Costs (d/e 18 ) is GRANTED as to dismissal and DISMISSED as MOOT as to fees. This case is DISMISSED with prejudice. All pending deadlines and settings are VACATED. No judgment to enter. Each party to bear its own costs and attorneys' fees.(BMG) (Entered: 07/25/2025)