Dearborn Avenue Bistro, Incorporated et al v. Dearborn, City of

Filing 13

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS. Signed by District Judge George Caram Steeh. (DWor)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

DEARBORN AVENUE BISTRO INC. et al., Plaintiffs, Case No. 07-14423 vs. HON. GEORGE CARAM STEEH CITY OF DEARBORN, Defendant. ___________________________________/ ORDER GRANTING DEFENDANT'S MOTION TO DISMISS This matter has come before the court at the time and date originally scheduled for a final pretrial conference. Plaintiffs' counsel did not appear for the final pretrial conference, and a proposed final pretrial order was not submitted by either party. The court's staff contacted plaintiffs' counsel's office, and was unable to reach counsel for an explanation. The court went on the record, and heard defendant's oral motion to dismiss and for sanctions. Now, therefore, for the reasons stated on the record, IT IS HEREBY ORDERED that plaintiff's case is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 16(f), for failure to appear at the pretrial conference as ordered. Defendant's motion for sanctions shall be considered only in the event plaintiffs seek to reinstate or refile this case. Dated: December 1, 2008 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on December 1, 2008, by electronic and/or ordinary mail. s/Josephine Chaffee Deputy Clerk

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