Najera et al v. S.A.M. Insurance Services et al

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS 29 . This matter is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this case. Signed by Judge Rudy Lozano on 8/25/2015. (cc: Najera and A1)(rmn)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION HUMBERTO NAJERA and A-1 AUTO SALES, ) ) ) Plaintiff, ) ) vs. ) ) S.A.M. INSURANCE SERVICES and ) AMERICAN SERVICE INSURANCE ) COMPANY, INC. ) ) Defendants. ) CAUSE NO. 2:14-CV-207 ORDER This matter is before the Court on the Report and Recommendation of Magistrate Judge John E. Martin, filed on August 6, 2015 (DE #29). Judge Martin has recommended that this matter be dismissed because Plaintiffs, Humberto Najera and A-1 Auto Sales, have displayed continuous contumacious conduct as described more fully in the body of the Report and Recommendation. In essence, Plaintiffs have disregarded and failed to comply with this Court’s orders despite repeated warnings of possible sanctions. The Report and Recommendation itself explains that the failure to file a timely objection to its contents will result in the waiver of the right to challenge it before this Court or the Court of Appeals. No party has filed an objection to date, and the time period for doing so has passed. Therefore, upon due consideration, the Court hereby ADOPTS the Report and Recommendation (DE #29). DISMISSED WITHOUT PREJUDICE. Accordingly, this matter is The Clerk is DIRECTED to close this case. DATED: August 25, 2015 /s/RUDY LOZANO, Judge United States District Court 2

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