Arrington et al v. MGC Mortgage, Inc.

Filing 16

ORDER granting defendant's 14 Motion to Dismiss and plaintiffs' case is dismissed without prejudice on the grounds that they failed to prosecute it and have failed to comply with an Order of the Court; further the Court Clerk is directed to ensure plaintiffs' former counsel, Jerod Medlock receives a copy of this order; further Mr. Medlock is directed to provide a copy of this order to plaintiffs at their last known address. Signed by Honorable P. K. Holmes, III on December 7, 2011. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
STEVE AND SHANNA ARRINGTON
v.

PLAINTIFFS

Case No. 2:11-CV-02089

MGC MORTGAGE, INC.

DEFENDANT
ORDER

Currently before the Court is Defendant’s Motion to Dismiss without Prejudice. (Doc. 14).
On August 30, 2011, the Court entered an order permitting Plaintiffs’ counsel to withdraw. (Doc.
13). The Court granted Plaintiffs until September 26, 2011 to retain new counsel or to advise the
Court if they intended to proceed pro se. The Court further advised Plaintiffs that failure to comply
with that order might result in the dismissal of their action. Plaintiffs’ former counsel, Jered
Medlock, was directed to provide Plaintiffs with a copy of the Court’s order. Mr. Medlock has
represented to the Court that the Order was sent to Plaintiffs.
As of this date, Plaintiffs have not complied with the Court’s order or communicated to the
Court in any way that they intend to proceed with this action. Accordingly, IT IS HEREBY
ORDERED that Defendant’s Motion to Dismiss (Doc. 14) is GRANTED. Plaintiffs’ case is hereby
DISMISSED WITHOUT PREJUDICE on the grounds that they have failed to prosecute it and have
failed to comply with an Order of the Court. See Fed. R. Civ. P. 41(b). Should Plaintiffs re-file this
action, Defendant may petition the Court to require Plaintiffs to show good and adequate cause for
their failure to prosecute the instant action before they are allowed to proceed with a second action.
The Court Clerk is directed to ensure Plaintiffs’ former counsel, Jered Medlock, receives a
copy of this order. Mr. Medlock is directed to provide a copy of this order to Plaintiffs at their last
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known address.
IT IS SO ORDERED this 7th day of December, 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE

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