Cobbins et al v. J.E.Dunn Construction Co. et al

Filing 112

Order of Dismissal. Signed on 3/13/17 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea) Order mailed Regular and Certified Mail to Robert Cobbins (9590 9401 0087 5168 9159 11) and Jessie Cobbins (9590 9401 0087 5168 9159 28) on 3/13/2017 (Martin, Jan).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION JESSIE COBBINS and ROBERT COBBINS, Plaintiffs, vs. J.E. DUNN CONSTRUCTION CO., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 15-0031-CV-W-ODS ORDER DISMISSING CASE On December 8, 2016, the Court held a pretrial conference with Plaintiffs and counsel for the sole remaining Defendant, Insulite Glass Company, Inc. Doc. #108. During the pretrial conference, the undersigned informed Plaintiffs they had the choice to continue litigating this matter pro se or could retain counsel. The Court cancelled the trial and stayed the matter for 90 days to allow Plaintiffs to retain counsel or choose to represent themselves. Doc. #109. The Court told Plaintiffs if they chose to represent themselves, “they must file a statement with the Court affirmatively stating they intend to represent themselves before the stay concludes.” Id. Alternatively, an attorney could enter an appearance on behalf of Plaintiffs before the conclusion of the stay. Id. The Court warned Plaintiffs: “If by the conclusion of the stay, no attorney entered an appearance on Plaintiffs’ behalf or Plaintiffs do not file a statement indicating they intend to represent themselves, the Court will dismiss this matter without further notice.” Id. The stay concluded on March 8, 2017. To date, Plaintiffs have not filed a statement stating they will representing themselves, and no attorney has entered an appearance on behalf of Plaintiffs. Therefore, this matter is dismissed. The Clerk of the Court is directed to mail copies of this Order via United States mail, postage prepaid, and certified mail to the following: Jessie Cobbins 20804 West 100th Terrace Lenexa, Kansas 66220 Robert Cobbins 20804 West 100th Terrace Lenexa, Kansas 66220 IT IS SO ORDERED. /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT DATE: March 13, 2017 2

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