Helton et al v. Carrabba's Italian Grill (PLR2), No. 3:2017cv00116 - Document 31 (E.D. Tenn. 2018)

Court Description: MEMORANDUM OPINION AND ORDER: Plaintffs are ORDERED to SHOW CAUSE in writing on or before September 10, 2018, as to why the Defendant's motion should not be granted and this action dismissed. Signed by District Judge Pamela L Reeves on 8/30/18. (JBR)

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Helton et al v. Carrabba's Italian Grill (PLR2) Doc. 31 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE DIVISION LINDA L. HELTON and WILLIAM R. HELTON ) ) ) ) ) ) ) ) ) Plaintiffs, v. CARRABBA’S ITALIAN GRILL, NO. 3:17-CV-116 REEVES/GUYTON Defendant. MEMORANDUM OPINION AND ORDER On April 18, 2018, Defendant filed a motion for summary judgment on all claims against it [D. 18]. On May 9, Plaintiffs responded with a motion to deny or continue consideration of Defendant’s motion for summary judgment under Federal Rule of Civil Procedure 56(d) until further discovery could be taken [D. 23]. Defendant did not object and agreed to cooperate in scheduling depositions [D.25]. The Court granted Plantiffs’ motion, ordering the Plaintiffs to file their response on or before August 20 [D. 27]. Plaintiffs have not responded to Defendant’s motion and the time for doing so has passed. See E.D. Tenn. L.R. 7.1(a). In this Court, failure to respond to a motion “may be deemed a waiver to any opposition to the relief sought.” See E.D. Tenn. L.R. 7.2. Accordingly, Plaintffs are ORDERED to SHOW CAUSE in writing on or before September 10, 2018, as to why the Defendant’s motion should not be granted and this action dismissed. A failure to respond by that date will be grounds for the Court either granting Defendant’s motion or dismissing this case for failure to prosecute. IT IS SO ORDERED. ______________________________________ ____ _____________________ _ __ ____ _____________ _ __ UNITED UN U NIIT TED STATES STA T TE ES DISTRICT DIIST TRICT CT C T JUDGE 1 Dockets.Justia.com

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