Dowtin v. Washington Metropolitan Area Transit Authority, No. 8:2014cv03564 - Document 13 (D. Md. 2015)

Court Description: MEMORANDUM OPINION. Signed by Judge Deborah K. Chasanow on 3/27/2015. (sat, Chambers)

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Dowtin v. Washington Metropolitan Area Transit Authority Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : JOHN DOWTIN : v. : Civil Action No. DKC 14-3564 : WASHINGTON METRO AREA TRANSIT AUTHORITY : MEMORANDUM OPINION John Dowtin filed suit in the Circuit Court for Prince George’s County Washington on or Metropolitan about Area September Transit 16, 2014, Authority against (“WMATA”) for injuries allegedly inflicted by a former WMATA employee on or about September 2, 2011. The complaint asserts a claim for negligent hiring and retention. (See ECF No. 2). WMATA removed the case to this court and moved to dismiss, contending that governmental immunity protects it from the claim asserted or, alternatively, limitations. that the claim (See ECF No. 10). is barred by the statute of When Plaintiff did not respond to the motion, a show cause order directed Plaintiff to respond. (ECF No. counsel 11). for Instead Plaintiff of responding notified the on court the that merits, Plaintiff died, and that the family elected not to pursue the case. ECF No. 12). prior had (See The court then notified counsel, by reference to Coppinger v. Schantag, No. Civ.A. DKC 2005-2380, 2006 WL 38946 Dockets.Justia.com (D.Md. Jan. 5, 2006), that the client’s death terminated his agency relationship and that his notice would not constitute a notice of death on the record under Fed.R.Civ.P. 25(a). Nothing further has been filed. Under the circumstances, the complaint will be dismissed. The failure to oppose a motion to dismiss constitutes an abandonment of the claim, and the failure to prosecute an action similarly leads to dismissal. Here, both arguments asserted in the motion to dismiss are colorable, and the action has been abandoned. A separate order will be entered. /s/ DEBORAH K. CHASANOW United States District Judge 2

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