Farazad v. Arris et al

Filing 42

ORDER DISMISSING CASE without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk is respectfully directed to CLOSE THE CASE. Signed by Chief Judge Frank D. Whitney on 3/6/17. (mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00077-FDW-DCK
AMIR FARAZAD,

)
)
Plaintiff,
)
)
vs.
)
)
SAMER
ARRIS
and
EMIRATES )
CONSULTING GROUP, LLC,
)
)
Defendant.
)
)

ORDER

This matter is before the Court sua sponte concerning the status of this case. On January
4, 2017, the Court docketed a letter dated December 28, 2016, from Gary Hemric, the mediator in
this matter. (Doc. No. 41). In that letter addressed to counsel and copied to this Court, Mr. Hemric
indicated that as a result of a mediated conference on December 20, 2016, the parties executed a
Contingent Memorandum of Settlement.

The letter further indicated that the conditional

settlement required future performance by a non-party individual, which the parties would be
“contacting Judge Keesler separately with respect to any impact which performance of the
settlement may have upon the Scheduling Order currently in place.” Id. On December 22, 2016,
two days following the mediated settlement conference, the parties filed a consent motion to stay
the scheduling order deadlines (Doc. No. 39), which was promptly denied by the Court via text
only entry the following day. Since that time, the parties have not submitted any additional filings
with the Court advising the Court as to the status of the conditional settlement agreement.
Even if the parties were unable to fully comply with the conditions set forth in their
settlement agreement, the parties have failed to timely prosecute the claims among them. The
parties did not file any dispositive motions. Most importantly, the parties failed to appear for

docket call in this matter on the morning of March 6, 2017, as scheduled (Doc. No. 14).
Accordingly, it appears to the Court the parties are no longer prosecuting their claims among them.
IT IS THEREFORE ORDERED that this matter is dismissed without prejudice pursuant
to Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk is respectfully directed to CLOSE
THE CASE.
IT IS SO ORDERED.
Signed: March 6, 2017