Opinion
02 C 9352
August 19, 2003
ORDER
REPORT AND RECOMMENDATION
This matter was scheduled for a settlement conference, by agreement of the parties, to be held July 21, 2003. On July 21, 2003, attorney for the defendant appeared but plaintiff's attorney failed to appear for the settlement conference; on that date this court ordered a status hearing for August 19, 2003 at 9:30 a.m. In the July 21, 2003, Order we admonished plaintiff that failure to appear at the ordered status hearing would result in this court recommending that the case be dismissed for want of prosecution. The July 21, 2003, Order further required the parties to serve written discovery by July 28, 2003 and make their Initial Disclosures, under Fed.R.Civ.P. 26(a)(1), by August 5, 2003.
On August 19, 3003, defendant's attorney appeared at the ordered status hearing, but plaintiff's attorney again failed to appear, ignoring our July 21, 2003, admonishment and warning. At this hearing defendant reported that it had complied with the court's order on written discovery and that it served its Fed.R.Civ.P. 26(a)(1) Initial Disclosures upon plaintiff, Defendant further reported that plaintiff had not complied with our July 21, 2003 Order in that she had failed to serve her Fed.R.Civ.P. 26(a)(1) disclosures on defendant. Additionally, plaintiff failed to issue any written discovery.
Accordingly, it is respectfully recommended that this matter be dismissed with prejudice pursuant to Fed.R.Civ.P. 37(b)(2) and 41(b) by reason of plaintiff's failure to comply with the court's orders relating to discovery, failure to appear at court ordered hearings, and failure to prosecute her case.
Any objections to this Report and Recommendation must be filed with the Clerk of the Court within ten (10) days of receipt of this notice. Failure to file objections within the specified time waives the right to appeal the District Court's order. Fed.R.Civ.P. 72; Thomas v. Arn, 474 U.S. 140 (1985); The Provident Bank v. Manor Steel Corp., 882 F.2d 258, 330 (7th Cir. 1989).