Hydrofarm, Inc. v. Garden Indoors, Inc. et al

Filing 16

ORDER DISMISSING CASE for failure to prosecute. Signed by Judge Algenon L. Marbley on 06/29/2010. (cw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Hydrofarm, Inc., Plaintiff, v. : : Case No. 2:08-cv-1207 JUDGE MARBLEY :

: Garden Indoors, Inc. , et al., : Defendants. : ORDER

In an order issued on March 30, 2010, plaintiff was directed to show cause within 15 days why this action should not be dismissed, based on the fact that nothing had occurred in this case after plaintiff obtained an entry of default on April 1, 2009. In response to that order, plaintiff proffered an In an order filed on April 20, explanation for its inaction.

2010, the Magistrate Judge rejected that explanation and ordered plaintiff to submit, within ten days, a proposed schedule for those activities it needed to accomplish in order to obtain a judgment. Plaintiff was advised that the failure to do so would result in dismissal of the case. The ten days has passed, and plaintiff has made no further filings. The Court assumes at this point that plaintiff has no Therefore, this interest in moving this case toward resolution.

case is DISMISSED WITHOUT PREJUDICE for failure to prosecute.

s/Algenon L. Marbley Algenon L. Marbley United States District Judge