Opinion
No. C-2-00-305
September 13, 2002
ORDER
The August 2, 2002 joint motion of the parties to dismiss this case (doc. 26) is GRANTED.
Plaintiff Joyce Collins has failed to keep in contact with her attorney. Plaintiff's counsel has diligently searched for Ms. Collins since February 7, 2002 but has been unable to locate her.
This action was pleaded as a class action. However, plaintiff's counsel has not been able to identify or contact any class member. No member of the putative class will be prejudiced by the dismissal of this lawsuit because the statute of limitations was tolled while this suit was pending. See American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974). Moreover, the decision in May v. Buckeye Rural Elec., 271 F.3d 873 (6th Cir. 2002) was adverse to the putative class.
The Clerk of Court is DIRECTED to enter JUDGMENT dismissing this action with prejudice as to plaintiff Joyce Collins.