ANAZONWU et al v. NISSAN NORTH AMERICA INC et al

Filing 58

ORDER DISMISSING CASE without prejudice. Signed by Judge M CASEY RODGERS on 3/30/2006. (tnc, Pensacola)

ANAZONWU et al v. NISSAN NORTH AMERICA INC et al

Doc. 58

Case 3:05-cv-00147-MCR-EMT

Document 58

Filed 03/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

DEBRA ANAZONWU, at al., Plaintiffs, v. NISSAN NORTH AMERICA, et al., Defendants. _____________________________/ ORDER Pending before the court are defendant's Motion to Dismiss Based on First to File Rule (doc. 23) and Motion to Compel Depositions of Plaintiffs' Experts (doc. 54). By order entered on February 22, 2006, plaintiffs' counsel was granted thirty days to locate plaintiffs and provide responses to defendant's discovery requests and designate experts.1 See doc. 45. Plaintiffs' counsel was advised that failure to comply with the court's order within the allotted time would result in dismissal of Case No. 3:05cv147/MCR/EMT

1 Plaintiffs filed an Emergency Motion to Stay Proceedings or, Alternatively, to Continue Trial (doc. 4 0 ) . In their motion, plaintiffs' counsel advised that he and the plaintiffs were residents of New Orleans, L o u i s ia n a and the surrounding area affected by Hurricane Katrina. C ou ns el advised that he had been unable t o locate plaintiffs since returning to New Orleans in Octo be r 20 05 and consequently wa s unable to answer de fe nd an t's outstanding discovery requests. As relief, plaintiffs and counsel requested the court enter an o r d e r sta y i n g these proc e e d i n g s until such time as counse l was able to com m u n i c a t e with plaintiffs or, alte rn ativ ely, that the trial be continu e d w i t h o u t d a t e . In order to affo r d co u n s e l an o p p o r t u n i t y to locate p l a i n t i f f s , the court g r a n t e d co u n s e l thirty days to locate his clien t s . The court takes note that in its respo n s e to plaintiffs' motion (doc. 44), defendant advises that a brief i n te r n e t sea r c h had prod u c e d inform a t i o n re l a t e d to plaintiff Onyema Anazonwu's whereabouts. Despite this, p l a in t if f s ' counsel has subsequently failed to provide any information relating to Mr. Anazonwu or the other p l a i n t i f f s in this ac t i o n .

Dockets.Justia.com

Case 3:05-cv-00147-MCR-EMT

Document 58

Filed 03/30/2006

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this action. Inasmuch as the thirty day period has expired and plaintiffs' counsel has failed to advise the court of the whereabouts of plaintiffs or otherwise comply with the court's order, it is hereby ORDERED that this action is dismissed without prejudice. DONE AND ORDERED this 30th day of March, 2006.

s/

M. Casey Rodgers

M. CASEY RODGERS UNITED STATES DISTRICT JUDGE

C a se No.: 3:05cv147/MCR/EMT