Welch v. State of Florida et al

Filing 169

ORDER requiring parties to file STIPULATION OF DISMISSAL by 11/7/12. Failure to timely file will result in dismissal for lack of prosecution. Please see Order for details. Signed by Judge Robin S. Rosenbaum on 10/31/2012. (RSR)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 11-23330-CIV-ROSENBAUM/SELTZER

DAVID WELCH,
Plaintiff,
v.
FLORIDA DEPARTMENT OF CHILDREN
AND FAMILIES,
Defendant.
/

ORDER
This matter is before the Court upon an independent review of the record. Jury trial in this
case was scheduled to begin on September 24, 2012, and the Court cleared its schedule to conduct
the trial. See D.E. 167. On September 23, 2012, the parties filed their Joint Notice of Settlement
[D.E. 166], in which they stated, “[T] parties jointly notify this court of the settlement of this matter.
Within ten days, the parties will submit an appropriate Order for Dismissal . . . .” Id. Ten days came
and went without a further filing. When the Court inquired of the parties, the parties assured the
Court that they would file the appropriate paperwork dismissing the case in short order. Finally, the
Court advised the parties that the paperwork must be filed by October 30, 2012.
But on October 30, 2012, the parties did not file a stipulation of dismissal. Instead, they filed
their Joint Notice of Approval of Settlement Documents [D.E. 168]. Like the September 23, 2012,
Joint Notice of Settlement [D..E. 166], this filing once again promises the filing of a stipulation of
dismissal — this time “within the next several days”: “[T]he parties jointly inform this court of the

approval of the settlement documents. The parties are circulating the settlement documents for
signature, and will file appropriate case-dispositive documents with the court within the next several
days, including an appropriate Order for Dismissal . . . .” D.E. 168.
While the Court appreciates the parties’ efforts in settling the case, five weeks have passed
since the parties first notified the Court that the case was settled and that they would file a stipulation
of dismissal within ten days. And five weeks have passed since the Court canceled the trial in this
matter because the parties advised the Court that the case had settled. The parties have provided no
explanation as to why they could not file their stipulation of dismissal within the original ten-day
period, let alone the five weeks that have elapsed since the parties announced their settlement. Nor
does the record contain any other indication of activity by either party. It is time now for the parties
to file their Stipulation of Dismissal. Therefore, the parties shall file their Stipulation of
Dismissal by no later than November 7, 2012. No further extensions will be granted. If the
parties do not file their Stipulation of Dismissal by November 7, 2012, the Court will dismiss the
case for failure to prosecute.
DONE and ORDERED this 31st day of October 2012.

ROBIN S. ROSENBAUM
UNITED STATES DISTRICT JUDGE
copies:
The Honorable Barry S. Seltzer
Counsel of Record