Opinion
No. 10-CV-49-LRR.
September 3, 2010
ORDER
The matter before the court is Defendant Endres Services, Inc.'s "Motion to Dismiss Pursuant to [Federal Rule of Civil Procedure] 41(b)" ("Motion") (docket no. 11). On August 10, 2010, Defendant filed the Motion. Plaintiff Steven Schutt has not filed a resistance and the time for doing so has expired. See LR 7.e. (stating that a resistance must be filed "within 14 days after the motion is served").
Defendant asks the court to dismiss the instant action pursuant to Federal Rule of Civil Procedure 41(b) "for a failure to prosecute or otherwise a failure to comply with the court rules pertaining to the preparation and submission of a proposed Scheduling Order and Discovery Plan." Motion at ¶ 9. On August 9, 2010, the Clerk of Court entered a Judgment (docket no. 9) stating that "the plaintiff take nothing and that the action be dismissed for want of prosecution." Judgment at 1. Accordingly, the Motion (docket no. 11) is DENIED AS MOOT. The Judgment stands as a dismissal without prejudice. See LR 41.b. (stating that the Clerk of Court may, in particular circumstances, "enter an order dismissing a civil action without prejudice"). At this time, the court finds no reason to alter the Judgment.
On August 10, 2010, the Clerk of Court entered an Amended Judgment (docket no. 10) to correct an error with respect to the parties named in the caption.
IT IS SO ORDERED.
DATED this 3rd day of September, 2010.