Kobold et al v. American Growers Insurance Co et al

Filing 23

ORDER ACCEPTING REPORT AND RECOMMENDATION for 22 Report and Recommendations; DENYING AS MOOT 7 MOTION to Dismiss FOR FAILURE TO COMPLY WITH CONDITION PRECEDENT filed by American Growers Insurance Co. Signed by Senior Judge James T Moody on 2/3/09. Case is dismissed without prejudice pursuant to FRCP 41(b).(smp)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION JAKE KOBOLD and HICKORY KNOLL FARMS, INC., Plaintiffs, v. AMERICAN GROWERS INSURANCE CORP. and HAROLD A. CLARK, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

No. 3:04 CV 726

ORDER Plaintiffs Jake Kobold and Hickory Knoll Farms, Inc., filed a complaint against defendants American Growers Insurance Corporation and Harold A. Clark in November 2004. Since then, this case has been stayed (DE # 13), and defendant American Growers Insurance Corporation has ceased to exist (DE # 17.). On January 31, 2008, plaintiffs indicated to the magistrate judge that they intended to file documents dismissing this case (DE # 20), but they never did so. After waiting for nearly six months, the magistrate judge issued an order directing plaintiffs to file their documents voluntarily dismissing the case, or it would dismiss the case sua sponte based on plaintiffs' failure to prosecute. (DE # 41.) Plaintiffs failed to respond in any way, so the court issued a report and recommendation recommending that this case be dismissed without prejudice pursuant to FEDERAL RULE OF CIVIL PROCEDURE 41. (DE # 42.)

Having reviewed the magistrate judge's report and recommendation, and having received no objections or any other filings from either party, this court agrees with the prior determination. The report and recommendation (DE # 42) is ACCEPTED. This case is DISMISSED WITHOUT PREJUDICE, pursuant to FEDERAL RULE OF CIVIL PR O C E D U R E 41(b). The outstanding motion to dismiss (DE # 7) is DENIED AS MOOT. SO ORDERED. DATED: February 3, 2009 s/James T. Moody JUDGE JAMES T. MOODY UNITED STATES DISTRICT COURT