Canning Logistics Services, LLC v. Baxter Bailey & Associates, Inc. et al

Filing 62

MEMORANDUM AND ORDER that the Findings and Recommendation, ECF No. #60 , are adopted. Any other pending motions are terminated. The above-captioned action is dismissed, without prejudice. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to Plaintiff) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

CANNING LOGISTICS SERVICES, LLC,
Plaintiff,

8:17CV116

vs.
BAXTER BAILEY & ASSOCIATES, INC.,
a Mississippi Corporation; JT REESOR,
and PAUL FOWLER,

MEMORANDUM
AND ORDER

Defendants.

This matter is before the Court on the Findings and Recommendation, ECF No.
60, of Magistrate Judge Michael D. Nelson.

On September 12, 2017, counsel for

Plaintiff was permitted to withdraw from this action. In its order, the Court stated that
“[i]f substitute counsel [for Plaintiff] does not enter an appearance by October 10, 2017,
the Court may dismiss the instant action without further notice.” ECF No. 56, Page ID
516. Counsel did not enter an appearance by October 10, 2017, and no one appeared
for Plaintiff at the planning conference on October 13, 2017. Given that Plaintiff failed to
comply with the Court’s Order, Judge Nelson recommended that the action be
dismissed without prejudice. ECF No. 60, Page ID 521. Plaintiff has not objected to the
Findings and Recommendation or otherwise attempted to prosecute this case. The
Court will adopt the Findings and Recommendation in their entirety and the action will
be dismissed, without prejudice. Accordingly,

IT IS ORDERED:
1. The Findings and Recommendation, ECF No. 60, are adopted;
2. Any other pending motions are terminated; and
3. The above-captioned action is dismissed, without prejudice.

Dated this 29th day of November, 2017.

BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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