Joseph Berry v. Praxair Distribution, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSEPH BERRY, ) Case No.: 1:20-cv-1725 JLT SKO ) Plaintiffs, ) ORDER GRANTING DEFENDANT’S MOTION ) TO DISMISS v. ) ) (Doc. 30) PRAXAIR DISTRIBUTION, INC., ) ) Defendant. ) )

Joseph Berry asserts that there was a step in the handicap exit at Praxair Distribution Inc.’s location, which did not comply with the Americans with Disabilities Act. Berry asserts this step caused him to slip and fall, which caused him injury. (See Doc. 3-1 at 5.) Praxair seeks dismissal of the action pursuant to Rule 41 of the Federal Rules of Civil Procedure. (Doc. 30.) Berry has not opposed the motion. The Court finds the matter suitable for decision without oral arguments, and no hearing date will be set pursuant to Local Rule 230(g) and General Order 618. Because Berry failed to take action to prosecute this action and failed to comply with several orders of this Court, the motion to dismiss is GRANTED. I. Procedural History…