Conlon v. H&K International, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
PATRICIA CONLON,
Plaintiff,
v.
H&K INTERNATIONAL, INC.,
Defendant.
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Case No. 3:25-cv-01519-S-BT
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff Patricia Conlon initiated this employment discrimination action
against H&K International on June 13, 2025. See generally Compl. (ECF No. 1).
During the pendency of this action, Plaintiff became incarcerated at the Dallas
County North Tower Detention Facility for an unrelated criminal matter. See Order
at 2 (ECF No. 24); Mot. to Adjourn Conference and Stay Proceedings at 1 (ECF No.
13). Thereafter, the District Judge found good cause to allow Plaintiff’s attorneys
to withdraw on October 21, 2025. Order at 1 (ECF No. 22).
Since the withdrawal of her attorneys, Plaintiff has not taken any action in
this matter and has failed to keep the Court apprised of her current address. For
example, the Court ordered the parties to submit a report regarding a proposed
schedule by January 9, 2026. Order at 1 (ECF No. 24). Plaintiff did not comply with
the Court’s order, and accordingly, the Court entered an Order to Show Cause
ordering Plaintiff “to show cause in writing by February 4, 2026, as to why she
should not be sanctioned for failing to comply with the Court’s order requiring her
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to file a report.” Order at 1 (ECF No. 26) (emphasis in original). As of the date of
this order, Plaintiff has not responded to the Court’s Order to Show Cause.
Although the Court ordered Plaintiff to keep the Court apprised of her
address, documents that the Court has tried to send Plaintiff have been returned
as undeliverable. See Order at 2–3 (ECF No. 24); Mail Returned (ECF No. 27)
(indicating that Plaintiff is no longer detained at the Dallas County Jail). Further,
the Court warned Plaintiff that “[f]ailure to file [a notice of change of address] may
result in the dismissal of Plaintiff’s complaint for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41(b).” Order at 2–3 (ECF No. 24). For the
foregoing reasons, the District Judge should DISMISS this case without prejudice
under Federal Rule of Civil Procedure 41(b).
Legal Standard and Analysis
Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss
an action sua sponte for failure to prosecute or for failure to comply with the federal
rules or any court order. Griggs v. S.G.E. Mgmt., L.L.C., 905 F.3d 835, 844 (5th
Cir. 2018) (citing McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988) (per
curiam)); accord Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 440–
42 (5th Cir. 2016) (failure to comply with court order); Rosin v. Thaler, 450 F.
App’x 383, 383–84 (5th Cir. 2011) (per curiam) (failure to prosecute). “This
authority [under Rule 41(b)] flows from the court’s inherent power to control its
docket and prevent undue delays in the disposition of pending cases.” Boudwin v.
Graystone Ins., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co.,
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370 U.S. 626 (1962)). The Court’s authority under Rule 41(b) is not diluted by a
party proceeding pro se, as “[t]he right to self-representation does not exempt a
party from compliance with relevant rules of procedural and substantive law.”
Wright v. LBA Hosp., 754 F. App’x 298, 300 (5th Cir. 2019) (per curiam) (quoting
Hulsey v. Texas, 929 F.2d 168, 171 (5th Cir. 1991)).
Here, in contravention of the local rules of this Court, Rule 41(b), and the
Court’s orders, Plaintiff has failed to comply with Court orders and keep the Court
apprised of her address. Given these circumstances, this case cannot proceed
because the Court cannot communicate with Plaintiff. As a result, the Court should
dismiss Plaintiff’s case without prejudice for failure to prosecute and failure to
follow court orders. See Thompson v. Beatty, 2023 WL 5311518, at *1 (N.D. Tex.
July 28, 2023) (Ray, J.) (“Under Rule 41(b), the plaintiff has a duty to keep the
Court apprised of any address changes.”) (citing Lewis v. Hardy, 248 F. App’x 589,
593 n.1 (5th Cir. 2007)), adopted by 2023 WL 5312210 (N.D. Tex. Aug. 17, 2023)
(O’Connor, J.); N.D. Tex. Loc. Civ. R. 1.1 (c)(2), 83.13, & 83.14; Order at 2–3 (ECF
No. 24).
Recommendation
The District Judge should DISMISS Plaintiff’s case without prejudice under
Federal Rule of Civil Procedure 41(b) for failure to prosecute. If Plaintiff updates
her address before the deadline for objecting to the findings, conclusions, and
recommendation expires (explained in more detail below), the Magistrate Judge
will withdraw the recommendation to dismiss.
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SO RECOMMENDED.
April 8, 2026.
REBECCA RUTHERFORD
UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS FOR SERVICE AND
NOTICE OF RIGHT TO APPEAL/OBJECT
A copy of this report and recommendation shall be served on all parties in
the manner provided by law. Any party who objects to any part of this report and
recommendation must file specific written objections within 14 days after being
served with a copy. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). To be specific,
an objection must identify the specific finding or recommendation to which
objection is made, state the basis for the objection, and specify the place in the
magistrate judge’s report and recommendation where the disputed determination
is found. An objection that merely incorporates by reference or refers to the
briefing before the magistrate judge is not specific. Failure to file specific written
objections will bar the aggrieved party from appealing the factual findings and legal
conclusions of the magistrate judge that are accepted or adopted by the district
judge, except upon grounds of plain error. See Douglass v. United Servs. Auto.
Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996).
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