Bouck v. Pizza Corner, Inc.

Filing 18

ORDER by Chief Judge Ralph R. Erickson ADOPTING Report and Recommendations 17 and DISMISSING for failure to prosecute. (RP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHEASTERN DIVISION
Lisa Bouck,
Plaintiff,
vs.
Pizza Corner, Inc.,
Defendant.

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ORDER ADOPTING REPORT AND
RECOMMENDATION
Civil No. 3:12-cv-111

Before the Court is a Report and Recommendation from the Honorable Karen K. Klein,
United States Magistrate Judge, which recommends dismissal for want of prosecution. (Doc. #
17). The time to object to this Report and Recommendation expired on September 6, 2013, and
no party has objected. See Fed. R. Civ. P. 72(a); D.N.D. Civ. L. R. 71.1(D).
For reasons unknown Lisa Bouck has failed to communicate with her attorney of record
or the court since early April 2013. On June 14 2013, Bouck’s attorney, Thomas D. Fiebiger of
Fargo, North Dakota, filed a motion to withdraw (Doc. # 10), stating that he was unable to
represent Bouck because she had failed to respond to numerous letters and phone calls. (See
Doc. # 11). Mr. Fiebiger reported that he had been unable to contact Ms. Bouck at any point after
April 8. (Doc. # 11). The Court granted counsel’s motion to withdraw. (Doc. # 13).
Following Fiebiger’s withdrawal, the Court forwarded a notice to Bouck’s last known
address informing her that she could participate at an upcoming settlement conference – either in
person or by phone – and asking Bouck to contact Magistrate Judge Klein’s chambers as soon as
possible. (Doc. # 14). Bouck neither appeared at the settlement conference nor contacted the
Court.

On July 19, 2013, Magistrate Judge Klein issued an Order to Show Cause directing
Bouck to explain why the case should not be dismissed with prejudice for failure to prosecute.
(Doc. # 16). Bouck failed to respond. Magistrate Judge Klein has now recommended to the Court
that Bouck’s complaint be dismissed with prejudice for failure to prosecute. See Fed. R. Civ. P.
41(b).
In light of the history of this case, the Court adopts the Report and Recommendation in
its entirety. Plaintiff’s action is DISMISSED for failure to prosecute.
IT IS SO ORDERED.
Dated this 18th day of September, 2013

/s/ Ralph R. Erickson
Ralph R. Erickson, Chief District Judge
United States District Court