Paschall v. City of Springdale
ORDER granting 20 Motion to Dismiss Case (CASE DISMISSED with prejudice). Signed by Honorable P. K. Holmes, III on November 7, 2013. (src)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Case No. 5:13-CV-05026
CITY OF SPRINGDALE, CHIEF O’KELLY;
and RONALD RITZ
Currently before the Court is Defendants’ motion (Doc. 20) to dismiss for failure to prosecute
this action in accordance with Local Rule 5.5(c)(2), which provides that “[i]t is the duty of any party
not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of
any change in his or her address, to monitor the progress of the case, and to prosecute or defend the
action diligently.” The Local Rule also mandates that “[a]ny party proceeding pro se shall be
expected to be familiar with and follow the Federal Rules of Civil Procedure.” Id.
Defense counsel represents, and the record reflects, that Defendants have attempted to serve
various papers and filings on Plaintiff, including a motion to compel, but that those attempts failed
as the mailings were returned as unclaimed. It appears that Plaintiff has either not kept his address
of record updated appropriately or he is, in any event, not diligently prosecuting his action by
appropriately engaging with Defendants in the necessary discovery process. Defendants appended
a certificate of service to their motion to dismiss (Doc. 20, p. 2) certifying that the motion was
mailed to Plaintiff at his address of record. Plaintiff has not responded to the motion, and the time
period for filing a response has passed.
Because Plaintiff has failed to prosecute this action and has failed to comply with Local Rule
5.5, IT IS ORDERED that Defendants’ motion (Doc. 20) to dismiss is GRANTED, and this action
is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED this 7th day of November, 2013.
/s/P. K. Holmes, III
P. K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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