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govinfo:USCOURTS-kywd-3_25-cv-00178-1

U.S. District Court for the Western District of Kentucky · 2026-04-23

· GavelSight synced 2026-09-06 03:49:33

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY 
LOUISVILLE DIVISION 
 
KAYLA HARRIS, Plaintiff,  
  
v. Civil Action No. 3:25-cv-178-DJH-CHL 
  
METALSA STRUCTURAL PRODUCTS, 
INC., 
 
Defendant. 
 
*  *  *  *  * 
ORDER 
 Plaintiff Kayla Harris filed this action against Defendant Metalsa Structural Products, Inc. 
in Hardin Circuit Court , alleging retaliation and hostile work environment under the Kentucky 
Civil Rights Act.  (Docket No. 1-1)  Metalsa removed the case to this Court.  (D.N. 1)  The Court 
referred the matter to Magistrate Judge Colin H. Lindsay “for resolution of all litigation planning 
issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-
dispositive matters, including discovery issues.”  (D.N. 13)   
 Harris’s lawyer withdrew from the case on September 26, 2025, and Judge Lindsay ordered 
Harris to “either cause her new counsel to enter an appearance or notify the Court that she intends 
to proceed pro se” on or before December 1, 2025.  (D.N. 22)  Harris did not comply with that 
deadline, and Judge Lindsay issued another Order, directing Harris to “cause her new counsel to 
enter an appearance or notify the Court that she intends to proceed  pro se” on or before January 
30, 2026.  (D.N. 25)  Judge Lindsay warned Harris that failure to do so could result in the dismissal 
of her case.  (Id.)  Harris again failed to comply, and Metalsa moved for an order requiring Harris 
to show cause for her failure to comply  and seeking the costs associated with its motion .  (D.N. 
27)  Judge Lindsay granted Metalsa’s motion in part and set a show-cause hearing for March 31, 
2026, warning Harris that failure to appear could lead to the dismissal of her case.  (D.N. 28, 
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PageID.109)  Harris failed to appear, and Judge Lindsay entered a report and recommendation
recommending that the case be dismissed for lack of prosecution and failure to comply with court
orders.  (D.N. 30)  The time for objections to Judge Lindsay’s recommendation has now run with 
no objections filed. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2).
Because no party has objected to the Report and Recommendation, the Court may adopt it 
without review.  See Thomas v. Arn , 474 U.S. 140, 150 (1985).  Nevertheless, the Court has 
conducted its own review of the record and sees no error in Judge Lindsay’s conclusion.  
Accordingly, and the Court being otherwise sufficiently advised, it is hereby
ORDERED that the Report and Recommendation of Magistrate Judge Colin H. Lindsay 
(D.N. 30) is ADOPTED in full and INCORPORATED by reference herein.   This matter is 
DISMISSED pursuant to Federal Rule of Civil Procedure 41(b), CLOSED, and STRICKEN
from the Court’s docket.
April 23, 2026
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