Opinion
Case No. 04-cv-02137-MSK-PAC.
November 1, 2005
ORDER TO DISMISS, WITH PREJUDICE AND TO CLOSE CASE
THIS MATTER comes before the Court on a recommendation (#50) from the Magistrate Judge that the Plaintiffs' claims be dismissed with prejudice. The Court
FINDS and CONCLUDES that:
The Magistrate Judge held a hearing on October 26, 2005 on an order to show cause why the Plaintiffs' claims should not be dismissed for failure to prosecute. Counsel for the Plaintiffs did not appear at the hearing, and as a consequence, the Magistrate Judge recommended that the Plaintiffs' claims be dismissed, with prejudice.
This recommendation is consistent with the Plaintiffs' earlier motions (#42, #45, #46) seeking to dismiss their claims with prejudice. The Court denied such motions only because no proposed order was provided to chambers by electronic mail. Because it is clear that the Plaintiffs desire their claims to be dismissed, with prejudice,
IT IS THEREFORE ORDERED that:
(1) The Court dismisses the Plaintiffs' claims, with prejudice.
(2) The Clerk of Court is directed to close this case.