HICKEY v. STATE FARM FIRE AND CASUALTY COMPANY

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BRENDA W. HICKEY, 	)
)
Plaintiff, 	)
)
v. 	) 	CIVIL ACTION NO. 5:25-cv-431 (MTT)
)
STATE FARM FIRE AND CASUALTY 	)
COMPANY, 	)
)
Defendant. 	)
)
ORDER
On October 8, 2025, the Court ordered the parties to confer and present their
proposed scheduling/discovery order by November 7, 2025. ECF 3. But the plaintiff
failed to confer with the defendant and consequently failed to comply with the Court’s
Rules 16/26 Order. ECF 7. The Court then ordered the plaintiff to show cause why this
case should not be dismissed for failure to comply with the Court’s Rules 16/26 Order.
Id. The Court ordered the plaintiff to show cause within fourteen days, by November 24,
2025. Id. The time for compliance has passed, and the plaintiff has again failed to
comply with the order of the Court. Failure to comply with the Court’s orders and
instructions is grounds for dismissing this case. See Fed. R. Civ. P. 41; see also Brown
v. Tallahassee Police Dep't, 205 F. App'x 802, 802 (11th Cir. 2006) (“The court may
dismiss an action sua sponte under Rule 41(b) for failure to prosecute or failure to obey
a court order.”) (citing Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th
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-2-
Cir. 1978))1. Accordingly, the plaintiff’s complaint (ECF 1) is DISMISSED without
prejudice.
SO ORDERED, this 9th day of December, 2025.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
1 The Eleventh Circuit has adopted as binding precedent the decisions of the former Fifth Circuit rendered
prior to October 1, 1981. Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc).
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