Smith v. Consolidated Rail Corporation et al

Filing 45

ORDER Dismissing Plaintiff's 1 Complaint With Prejudice. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT SMITH, Plaintiff, Case No. 14-cv-10426 Hon. Matthew F. Leitman v. NORFOLK SOUTHERN COMPANY and CONSOLIDATED RAIL CORPORATION, Defendants. _________________________________/ ORDER DISMISSING PLAINTIFF’S COMPLAINT (ECF #1) WITH PREJUDICE In this action, Plaintiff Robert Smith (“Smith”) seeks damages arising out of an accident between a train and the vehicle he was driving. (See Complaint, ECF #1.) On December 4, 2015, Smith’s then-attorneys filed a motion to withdraw as counsel (the “Motion to Withdraw”). (See ECF #36.) The Court set a hearing on the Motion to Withdraw for December 21, 2015. (See ECF #37.) In its notice of hearing – in bold, underlined text – the Court ordered Smith to “personally appear” at the hearing. (See id. at 1, Pg. ID 287.) Smith failed to appear as directed. At the hearing, Smith’s then-attorneys confirmed on the record that they mailed Smith a copy of the notice of hearing on the Motion to Withdraw. On December 21, 2015, the Court entered an order (1) allowing Smith’s then-attorneys to withdraw as counsel and (2) requiring Smith to “show cause in 1 writing why this action should not be dismissed with prejudice” (the “Show Cause Order”). (ECF #38 at 2, Pg. ID 290.) The Court ordered Smith to “file his written response … with the Clerk of this Court by not later than the close of business on January 25, 2015.” (Id. at 2-3, Pg. ID 290-291.) The Court then expressly warned Smith that if he failed to respond by the provided deadline, his “action [would] be dismissed with prejudice.” (Id. at 3, Pg. ID 291.) Smith never filed any response to the Show Cause Order. Smith’s former attorneys each filed proofs of service with the Court confirming that they mailed a copy of the Show Cause Order to Smith. (See ECF ## 41, 43.) Accordingly, due to Smith’s failure to prosecute this action and to comply with multiple orders of this Court, IT IS HEREBY ORDERED that, pursuant to Rule 41(b) of the Federal Rule of Civil Procedure, Plaintiff’s Complaint (ECF #1) is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that all pending motions in this action are TERMINATED AS MOOT. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 26, 2016 2 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 26, 2016, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (313) 234-5113 3

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