Opinion

Tolden v. The City's Finest, LLC

Court
District Court, E.D. Missouri
Filed
Apr 24, 2025
Cited by
0 cases
Authority
More cited than 34.9%

explaining “our adversarial system relies on the arguments presented in the parties’ briefs”

How later courts described this case

  • explaining “our adversarial system relies on the arguments presented in the parties’ briefs”
  • reviewing district court’s dismissal for plain error where plaintiff did not respond to defendant’s motion to dismiss

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

LAMAR TOLDEN, et al., )

)

Plaintiffs, )

)

vs. ) Case No. 4:25-cv-00141-MTS

)

THE CITY’S FINEST, LLC, et al., )

)

Defendants. )

MEMORANDUM AND ORDER

The Court dismissed a previous version of this action for Plaintiffs counsel’s

repeated failures to comply with deadlines and Court orders. Tolden v. City’s Finest, LLC,

4:23-cv-01535-MTS, 2025 WL 252466 (E.D. Mo. Jan. 21, 2025). The Court found that

dismissal with prejudice would have been appropriate. Id. at *2, n.3. Nevertheless, the

Court dismissed the action without prejudice, specifically noting that such a dismissal

would “allow Plaintiff to thoughtfully consider whether he is prepared to prosecute an

action against these Defendants and, if so, allow Plaintiff to file this action again if he

determines that he is prepared.” Id. at *2. Plaintiffs refiled this action, but they apparently

did not thoughtfully consider whether they were prepared to prosecute the action.

On April 09, 2025, Defendants moved to dismiss this action with prejudice.

Doc. [10]. Plaintiffs’ time to oppose the Motion has now lapsed with no response at all

from Plaintiffs to Defendants’ Motion. See E.D. Mo. L.R. 4.01(B). The Court is

dumbfounded. It will dismiss this action with prejudice for Plaintiffs’ consistent failure to

prosecute this matter and, additionally, will dismiss this action by granting the Plaintiffs

unopposed Motion.”

Accordingly,

IT IS HEREBY ORDERED that Defendants’ Motion to Dismiss, Doc. [10], is

GRANTED. A separate Order of Dismissal dismissing this action with prejudice will be

entered herewith.

Dated this 24th day of April 2025. Th

THEW T. SCHELP

UNITED STATES DISTRICT JUDGE

See Scott v. State of Tennessee, 878 F.2d 382 (6th Cir. 1989) (per curiam table decision)

(“Because the plaintiff failed to make a timely response to defendants’ motion, the district court

properly deemed the plaintiff to have waived his objections and found the defendants’ motion to

be meritorious.”); Farraj v. Cunningham, 659 F. App’x 925, 927 (9th Cir. 2016) (mem.) (affirming

the district court’s dismissal of plaintiff's complaint “based on his failure to oppose the motions to

dismiss”); see also Brown v. Fifth Jud. Dist. Drug Task Force, 255 F.3d 475, 476 (8th Cir. 2001)

(reviewing district court’s dismissal for plain error where plaintiff did not respond to defendant’s

motion to dismiss). Without anything to the contrary from Plaintiffs, the Court agrees dismissal

is appropriate largely for the reasons stated in Defendants’ Motion. See Metlife, Inc. v. Fin.

Stability Oversight Council, 865 F.3d 661, 667 (D.C. Cir. 2017) (explaining “our adversarial

system relies on the arguments presented in the parties’ briefs”); cf Terrell v. First Student

Management LLC, 4:16-cv-0481-SNLJ, 2016 WL 6679847, at *3 (E.D. Mo. Nov. 14, 2016)

(finding plaintiffs failed to allege facts regarding times for which overtime was improperly

withheld).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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