Lennon et al v. Nationwide Mutual Fire Insurance Company et al

Filing 19

ORDER OF DISMISSAL WITHOUT PREJUDICE: Order Dismissing Case Without Prejudice, with each party to bear its own costs. Signed by District Judge L. T. Senter, Jr on 6/8/2009. (Peters, Catherine)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

GLENN LENNON AND THELMA LENNON V.

PLAINTIFFS CIVIL ACTION NO. 1:08cv665-LTS-RHW DEFENDANTS

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, AND FICTITIOUS DEFENDANTS A, B, C, D, E, F AND G ORDER OF DISMISSAL WITHOUT PREJUDICE

When the Court [12 ] allow ed their counsel to w ithd raw by ord er d ated J anuary 2 2 , 2 009 , Plaintiffs w ere allow ed a p eriod of thirty d ays in w hich to retain new counsel or inform the Court in w riting of their intention to p roceed pro se. The Court also cautioned Plaintiffs that their failure to tak e either of these actions w ould m ak e this cause of action eligible for d ism issal w ithout p rejud ice. The United States Magistrate J ud ge also entered an [16] Ord er to Show Cause after the ex p iration of the thirty d ay p eriod ; no attorney had m ad e an entry of ap p earance on Plaintiffs behalf, nor had Plaintiffs com m unicated w ith the Court in any fashion. Plaintiffs w ere d irected to resp ond to the show cause ord er or face d ism issal. This Court, in a further effort to finally resolve the case, entered an [17 ] Ord er for Med iation. The m ed iation w as sched uled for J une 5, 2 009 , and Plaintiffs failed to ap p ear. Therefore, d ism issal is ap p rop riate. The Court w ill not im p ose m onetary sanctions at this tim e, but w ill m ak e p rovision for them in the event another com p laint is filed . Accord ingly, IT IS ORDERED: This cause of action is hereby DISMISSED WITHOUT PREJUDICE, w ith each p arty to bear its ow n costs. In the event Plaintiffs re-file a Com p laint seek ing d am ages arising from the sam e facts and circum stances p resented here, they m ay be req uired to p ay the costs of the m ed iation that w as not held on J une 5, 2 009 , in an am ount to be d eterm ined by the Court, unless they can show good cause for their failure to ap p ear. SO ORDERED this the 8th d ay of J une, 2 009 . s/ L. T. Senter, J r. L. T. SENTER, J R. SENIOR J UDGE