Opinion
No. 1:03-CV-00220.
March 2, 2006
OPINION AND ORDER
The parties met before the Court on March 1, 2006, for a status conference in this matter.
This case involves serious allegations that while a minor, Plaintiff was sexually assaulted while in the custody of the state in the Ohio River Juvenile Correctional Facility (doc. 1). At the March 1, 2006 conference Plaintiff's counsel indicated Plaintiff has fallen out of contact with both counsel and his known contacts, a sister and a girlfriend. Plaintiff's counsel indicates that numerous efforts to track down Plaintiff have failed. Plaintiff's counsel indicated he hired a private investigator to find Plaintiff and that he has searched Clermont County court records to determine whether Plaintiff has resurfaced there. Plaintiff's counsel states he has not spoken with Plaintiff for two years, and that he proposes the Court dismiss this case without prejudice to refiling.
Defendant requests the Court dismiss this matter with prejudice for failure to prosecute. Defendant argues Plaintiff, although a minor at the time of his alleged assault, was a legal adult by the time he sought counsel.
Having reviewed this matter, the Court finds that taking into consideration the serious allegations of this case, a dismissal at this time would not be in the interests of justice. However, the Court finds that if Plaintiff does not surface within sixty days of this Order, the case should be dismissed for failure to prosecute.
Accordingly, the Court CONTINUES this matter for sixty days, after which time the Court will dismiss this case absent any filing indicating Plaintiff will litigate this matter.
SO ORDERED.