Mortgage Capital Associates, Inc. v. Dial et al

Filing 21

ORDER of Dismissal as to John Doe 1 - 50. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Mortgage Capital Associates, Inc., Plaintiff, v. Joseph Dial, et al., Defendants. _________________________________/ ORDER OF DISMISSAL, AS TO DEFENDANTS JOHN DOE 1 THROUGH 50, FOR FAILURE TO PROSECUTE AND/OR FAILURE TO SERVE On November 20, 2009, Plaintiff filed this action against the following Defendants: 1) Joseph Dial ("Dial"); 2) Infiniti Homes International, Inc. ("Infiniti"); 3) Federal Mortgage Corporation, Inc. ("FMCI"); 4) Colonial Title Company ("Colonial"); 5) Jazzsmon Lawrence ("Lawrence"); 6) Germaine Kilborne ("Kilborne"); and 7) "John Doe 1 through 50." On July 1, 2010, Plaintiff stipulated to the dismissal of its claims against Colonial. (Docket Entry No. 15). On July 13, 2010, Plaintiff stipulated to the dismissal of its claims against Dial (Docket Entry No. 16), its claims against FMCI (Docket Entry No. 17), and its claims against Infiniti (Docket Entry No. 18). In addition on July 13, 2010, this Court dismissed Plaintiffs' claims against Defendants Lawrence and Kilborne for failure to effect timely service. (Docket Entry No. 19). Thus, only Defendants "John Doe 1 through 50" remain in this action. Because Plaintiff had neither identified nor served any of the John Doe Defendants, this Court ordered Plaintiff to Case No. 09-14540 Honorable Sean F. Cox

show cause, in writing, no later than July 23, 2010, why its claims against Defendants John Doe 1 through 50 should not be dismissed for failure to prosecute and/or for failure to effect timely service. Plaintiff has not filed any response to the Show Cause Order and the time for doing so has expired. Accordingly, Plaintiff's claims against the John Doe Defendants are hereby DISMISSED for failure to prosecute and/or for failure to effect timely service. IT IS SO ORDERED. S/Sean F. Cox Sean F. Cox United States District Judge Dated: August 11, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 11, 2010, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager