Farroh Roof and Truss Co. v. Annabelle Homes, LLC et al

Filing 51

ORDER by Judge Daniel L. Hovland ADOPTING REPORT AND RECOMMENDATION 50 . The action is dismissed without prejudice.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Farroh Roof and Truss Co.,

)
)
Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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)
Case No. 4:13-cv-005
Annabelle Homes, LLC, et. al.,
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Defendants.
)
______________________________________________________________________________
The Plaintiff initiated this breach of contract action against on January 10, 2013. See Docket
No. 1. On May 2, 2014, pursuant to a stipulation filed by the parties, the Court entered an order
suspending all pretrial deadlines and cancelling the final pretrial conference and bench trial
scheduled in September 2014. There has since been no meaningful activity in the case since then
other than periodic status conferences initiated by the Court.
On March 5, 2015, Magistrate Judge Miller entered an order giving the parties until March
16, 2015, to show cause why the action should not be dismissed for failure to prosecute. No
responses were filed.
On March 18, 2015, Judge Miller issued a Report and Recommendation in which he
recommended the action be dismissed without prejudice for failure to prosecute. See Docket No.
50. The parties were initially given fourteen days to file any objections to the Report and
Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. Dismissal for want
of prosecution and failure to comply with the Court’s order is warranted. Accordingly, the Court

ADOPTS the Report and Recommendation (Docket No. 50) in its entirety and DISMISSES the
action without prejudice.
IT IS SO ORDERED.
Dated this 7th day of April, 2015.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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