Opinion
No. CV-10-070-RMP.
April 28, 2011
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS BASED ON FAILURE TO PROSECUTE
This matter comes before the Court on Defendant's Motion to Dismiss Based on Failure to Prosecute, or in the alternative, Defendant's Motion for Summary Judgment, ECF No. 12. The Court held a telephonic hearing on April 28, 2011, at which Duncan Turner was present on behalf of Defendants. This order memorializes and expands on the Court's oral ruling.
The Court had been notified by Mr. Turner of the February 23, 2011, death of Plaintiff's counsel of record, Mr. Randy Alan Gregory. In addition, defense counsel represented that he had communicated with Mr. Gregory's Personal Representative, Mr. Thomas M. Culbertson, regarding representation of Bluz, Inc. in this case, and had communicated with Mr. Douglas Brajcich, the registered agent of Bluz, Inc., regarding this case. In addition, the Court contacted both Mr. Culbertson and Mr. Brajcich regarding defendants' pending motion to dismiss or for summary judgment and the scheduled telephone conference call for today's hearing. However, no one appeared on behalf of Plaintiff.
Having reviewed the motion and having heard from counsel, the Court finds that the Plaintiff has failed to prosecute this matter and dismisses pursuant to Fed.R.Civ.P. 41(b). Accordingly,
IT IS HEREBY ORDERED:
1. Defendant's Motion to Dismiss Based on Failure to Prosecute (ECF 12) is GRANTED. Plaintiff's Complaint and any and all counterclaims and/or cross-claims are DISMISSED WITH PREJUDICE and without costs to any party.
2. All pending motions, if any, are DENIED AS MOOT.
3. All scheduled court hearings, if any, are STRICKEN.
The District Court Executive is directed to enter this Order, provide copies to counsel, and CLOSE this file.