Allen v. First Mortgage Company, LLC et al

Filing 12

ORDER OF DISMISSAL-Plaintiffs complaint is dismissed without prejudice. Any costs are assessed against the plaintiff. The findings and recommendation of the magistrate judge, Filing No. 11 , is adopted in its entirety. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DAVID L. ALLEN,
Plaintiff,
v.

FIRST MORTGAGE COMPANY, LLC,
Defendant.

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8:11CV276

ORDER OF DISMISSAL

This matter is before the court on the findings and recommendation, Filing No. 11,
of the magistrate judge recommending that this court dismiss the case without prejudice.
The magistrate judge issued an order, Filing No. 10, on September 19, 2011, ordering the
plaintiff to report to court on or before September 26, 2011, or show cause why sanctions
should not be imposed on the plaintiff for failing to meet and confer and for failing to file
a planning report. Defendant’s counsel indicated they tried to contact the plaintiff’s counsel
on multiple occasions and have received no response. Filing No. 10. The court received
no response. Consequently, the magistrate judge issued his findings and recommendation
that this court dismiss the case for failure to comply with court orders as set forth in
NECivR 41.2. Although dismissal is an extreme sanction, the court agrees with the
magistrate judge that dismissal is appropriate in this case. See Hunt v. City of
Minneapolis, 203 F.3d 524, 527 (8th Cir. 2000); see also Fed. R. Civ. P. 16(f)(2) and Fed.
R. Civ. P. 41(b). Accordingly, the court will dismiss the complaint without prejudice.
THEREFORE, IT IS ORDERED that plaintiff’s complaint is dismissed without
prejudice. Any costs are assessed against the plaintiff. The findings and recommendation
of the magistrate judge, Filing No. 11, is adopted in its entirety.
DATED this 10th day of January, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Court Judge

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