Kafka v. Liberty Trading Group, Inc et al

Filing 18

ORDER dismissing case. The above referenced case is DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter judgment, terminate any pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 1/6/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOSEPH KAFKA, individually and on
behalf of all others similarly situated,
Plaintiff,
v.

Case No: 2:14-cv-197-FtM-38DNF

LIBERTY TRADING GROUP, INC.,
JAMES CORDIER, and MICHAEL
GROSS,
Defendants.
/
ORDER1
This matter is before the Court on review of the file. Plaintiff Joseph Kafta initiated
this action against Defendants Liberty Trading Group, Inc., James Cordier, and Michael
Gross on April 7, 2014. (Doc. #1). When Plaintiff did not file a return of service within
120 days of filing the Complaint, the Court directed Plaintiff to show cause why it should
not dismiss the case for failure to serve in accordance with the Federal Rules of Civil
Procedure.

(Doc. #6).

Plaintiff responded on September 8, 2014, stating it

unsuccessfully attempted to serve the named Defendants and an employee of Defendant
Liberty Trading Group, Inc. on several occasions. (Doc. #7 at ¶¶ 3-8; Doc. #7-1 at ¶¶ 2,
4-15).

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Sometime in August 2014, Plaintiff contacted an attorney who represented

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Defendant Liberty Trading, and the attorney agreed to accept service for Defendants
Liberty Trading and James Cordier. (Doc. #7 at ¶ 9; Doc. #13). Plaintiff thus requested
a sixty-day extension of time to serve Defendants. The Court granted the request, giving
Plaintiff up to and including November 10, 2014, to serve the Complaint. (Doc. #9 at 2).
On November 7, 2014, Plaintiff notified the Court that the parties settled this case
and requested thirty days to file a stipulation of dismissal. (Doc. #11). The Court granted
Plaintiff's request. (Doc. #12).
As of December 15, 2014, Plaintiff had not filed a stipulation of dismissal. The
Court again ordered Plaintiff to show cause why the case should not be dismissed for
failure to prosecute. (Doc. #16). Plaintiff responded that the parties had not finalized
their settlement but would file a stipulation of dismissal on or before December 31, 2014.
(Doc. #17). To date, the parties have not filed a stipulation of dismissal.
The Middle District of Florida's Local Rules provides, "[w]henever it appears that
any case is not being diligently prosecuted the Court may, on motion of any part or on its
own motion, enter an order to show cause why the case may be dismissed by the Court
for want of prosecution." M.D. Fla. Local R. 3.10(a). Here, Plaintiff has evidenced a lack
of interest in prosecuting this case, as it has continued to advance this matter. Since the
Court has no confidence that another order directing Plaintiff to act will advance this
matter, it dismisses this case without prejudice.
Accordingly, it is now
ORDERED:
(1) The above referenced case is DISMISSED without prejudice.

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(2) The Clerk of Court is DIRECTED to enter judgment, terminate any pending
motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 6th day of January, 2015.

Copies: All Parties of Record

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