Riding Films, Inc. v. Does 129-193

Filing 85

ORDER adopting Report and Recommendations re 84 Report and Recommendations. The counterclaims asserted by counterclaimants Denham and Wintle are DISMISSED for failure to prosecute. If plaintiff intends to pursue its claims against defendant Glasco , it must file an appropriate motion within seven (7) days of the date of this Order. Its failure to do so will result in the dismissal of this, the final remaining claim, for failure to prosecute. Signed by Judge Algenon L. Marbley on 4/17/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RIDING FILMS, INC.,
Plaintiff,
vs.

Civil Action 2:13-cv-46
Judge Marbley
Magistrate Judge King

JOHN DOES 129-193,
Defendants.

ORDER
On February 10, 2015, the plaintiff and counterclaimants Denham
and Wintle were ordered to report on the status of their
claims/counterclaims. Order, ECF 80. These parties were advised that
their failure to report would be construed as an abandonment of any
claims asserted by them and would be likely to result in the dismissal
of such claims. Id. Counterclaimants Denham and Wintle failed to file
the required report and, on March 6, 2015, the United States
Magistrate Judge recommended that the counterclaims asserted by them
be dismissed for failure to prosecute.

Order and Report and

Recommendation, ECF 84. Although the parties were advised of their
right to object to that recommendation, and of the consequences of
their failure to do so, there has been no objection.
The March 6, 2015 recommendation of the Magistrate Judge, Order
and Report and Recommendation, ECF 84, is ADOPTED AND AFFIRMED. The
counterclaims asserted by counterclaimants Denham and Wintle are
DISMISSED for failure to prosecute.

1

If plaintiff intends to pursue its claims against defendant
Glasco,1 it must file an appropriate motion within seven (7) days of
the date of this Order.

Its failure to do so will result in the

dismissal of this, the final remaining claim, for failure to
prosecute. There will be no further extension of this date.

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

1

Plaintiff sought and was granted until March 20, 2015 to file a motion for
summary judgment against defendant Glasco, Order and Report and
Recommendation, ECF 84, but has not filed a motion for summary judgment.

2