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TBB Global Logistics, Inc. v. Global Express Shipping

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


August 16, 2010

TBB GLOBAL LOGISTICS, INC., PLAINTIFF
v.
GLOBAL EXPRESS SHIPPING, INC. AND GREGG SHANBERG, DEFENDANTS
GLOBAL EXPRESS SHIPPING, INC. AND GREGG SHANBERG, THIRD-PARTY PLAINTIFFS
v.
FED EX CORPORATION AND FED EX SERVICES, THIRD-PARTY DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of August, 2010, upon consideration of the motion to dismiss (Doc. 31) filed by third-party defendants Fed Ex Corporation ("FEC") and Fed Ex Services ("FES"), wherein FEC and FES seek dismissal of the third- party complaint filed by defendants/third-party plaintiffs Global Express Shipping, Incorporated ("Global"), and it appearing that Global was twice specifically instructed to secure substitute counsel,*fn1 and it further appearing that Global has taken no action in response,*fn2 and that Global is subject to default for its failure to participate in the above-captioned litigation, (see Doc. 33), and the court noting that FEC and FES may move to dismiss any claim against them as a result of Global's failure to prosecute and/or its failure to comply with court orders, see FED. R. CIV. P. 41(b), see also Briscoe v. Klaus, 538 F.3d 252, 258 (3d Cir. 2008), and the court finding that Global's dilatoriness is sufficiently substantial to outweigh any of the other factors enumerated in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, 868 (3d Cir. 1984), and the court concluding that dismissal of the third-party complaint is therefore appropriate, it is hereby ORDERED that:

1. The motion to dismiss (Doc. 31) is GRANTED.

2. All claims filed by third-party plaintiff Global against third-party defendants FEC and FES are DISMISSED with prejudice.

CHRISTOPHER C. CONNER United States District Judge


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