Collins et al v. Macomb County Sheriff et al

Filing 54

ORDER DISMISSING CASE Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN W. COLLINS and VITA COLLINS,
Plaintiffs,
v.

Case No.

11-cv-12999

MACOMB COUNTY SHERIFF
ANTHONY WICKERSHAM, in his official
and personal capacity; WELLS FARGO
BANK, N.A., a National Association;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., a
Delaware corporation, its successors and/or
assigns; FEDERAL NATIONAL
MORTGAGE ASSOCIATION, a federally
chartered corporation; WRITS, INC., a
Michigan corporation; jointly and severally,

Honorable Patrick J. Duggan

Defendants.
/
O R D E R OF DISMISSAL
At a session of said Court, held in the U.S.
District Courthouse, Eastern District
of Michigan, on October 22, 2012.
PRESENT:

THE HONORABLE PATRICK J. DUGGAN
U.S. DISTRICT COURT JUDGE

Plaintiffs brought this “mortgage foreclosure” action against all of the above-named
Defendants. A scheduling conference was held on May 15, 2012. At that time, the Court set
a final pretrial conference for October 16, 2012 at 2:15 p.m. All counsel were present at the
scheduling conference and received a copy of the Scheduling Order.
Prior to this date, all claims against Defendants other than Writs, Inc. had been resolved,

leaving only Writs, Inc. as a Defendant in this case.
Counsel for Writs, Inc. appeared at the scheduled time for the pretrial conference.
Plaintiffs’ counsel, Scott F. Smith, did not appear.
The Court’s case manager attempted to reach Mr. Smith at the telephone number that
the Court has for him. After numerous efforts, it was apparent that he could not be reached
at the telephone number. The Court’s judicial assistant located another telephone number for
him through the online Michigan State Bar Directory, and eventually the case manager
communicated with him. Plaintiffs’ counsel’s reason for not showing up was that he believed
that the case had been dismissed as to all Defendants. The Court’s case manager informed
Plaintiffs’ counsel that there had been no dismissal as to Writs, Inc. and inquired of him
whether or not he intended to pursue the claim against Writs, Inc. Plaintiffs’ counsel
indicated that he did not believe that it would be worth pursuing the claim against Writs, Inc.
Because Plaintiffs’ counsel failed to attend the pretrial conference, the Court is
dismissing the claim against Writs, Inc. If Plaintiffs’ counsel believes that there is a basis to
set aside this Order of dismissal, the Court will entertain a motion to set aside this dismissal
upon condition that Plaintiffs’ counsel pay to defense counsel, Robert Kuhr, the sum of $300
as costs for Mr. Kuhr having to appear for the scheduled pretrial conference. Such motion
shall be filed by October 29, 2012 and shall contain verification that payment of the
“sanction” amount has been sent Mr. Kuhr.

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Mr. Kuhr will, of course, have the right to file any opposition to any motion filed by Mr.
Smith.
SO ORDERED.

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Copies to:
Scott F. Smith, Esq.
Robert A. Kuhr, Esq.

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