Opinion
Civil Action No. 14-7959 (ES) (JAD)
06-05-2015
WILLAM GALLGHER AND BARBARA GALLAGHER, Plaintiffs, v. STATE FARM INSURANCE COMPANY, Defendant.
NOT FOR PUBLICATION
MEMORANDUM & ORDER
SALAS, DISTRICT JUDGE
Pending before the Court is United States Magistrate Judge Joseph A. Dickson's sua sponte Report and Recommendation ("R&R") that the undersigned dismiss Plaintiff's complaint pursuant to L.Civ.R. 41.1(a) and Fed. R. Civ. P. 41(b). (D.E. No. 9). Judge Dickson concluded that Plaintiffs, by failing to (a) submit a proposed joint discovery plan; (b) prosecute the action; (c) appear for the initial conference; and (d) submit a status letter pursuant to the Court's order have (1) demonstrated personal responsibility for the delay; (2) been consistently dilatory; (3) prejudiced Defendant State Farm, who appeared for initial conference; and (4) have shown willful conduct with respect to their failure to appear. (R&R at 2-3). Accordingly, Judge Dickson dismissed the complaint under L.Civ.R. 41.1(a) and Fed. R. Civ. P. 41(b). (Id.).
Objections to the R&R were due by May 26, 2015 pursuant to L.Civ.R. 72.1(c)(2). A review of the docket shows that neither party has objected.
Having reviewed the parties' submissions in this matter and Judge Dickson's Report and Recommendation, and for the reasons stated therein,
IT IS on this 5th day of June 2015,
ORDERED that this Court adopts Magistrate Judge Dickson's Report and Recommendation, (D.E. No. 9), in full, as the Opinion of this Court; and it is further
ORDERED that Plaintiff's Complaint is dismissed pursuant to L.Civ.R. 41.1(a) and Fed. R. Civ. P. 41(b); and it is further
ORDERED that the Clerk shall mark this case closed.
SO ORDERED.
s/ Esther Salas
Esther Salas, U.S.D.J.