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Southern University System Foundation v. Henderson

United States District Court, M.D. Louisiana

June 24, 2015

SOUTHERN UNIVERSITY SYSTEM FOUNDATION,
v.
ANDRE HENDERSON, ET AL

RULING

JAMES J. BRADY, District Judge.

The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated June 5, 2015 (doc. no. 81) to which no objection has been filed.

The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, defendant Gary Shelton's third-party claims asserted against third party defendants Delta Airlines, Cover girl, and L'eggs is DISMISSED, without prejudice, under Local Rule 41(b)(1)(A) for failure to prosecute where no service has been made within 120 days after filing of the complaint.

Further, defendant Gary Shelton's third-party claims asserted against third party defendants BellSouth, AT&T, and Coca-Cola are DISMISSED, without prejudice, under Local Rule 41(b)(1)(B) for failure to prosecute in light of his failure to move for entry of default within 60 days after service of the summons and complaint.


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