United States of America v. Thirteen Thousand Six Hundred Fifty and 00/100 Dollars ($13,650.00) in United States Currency

Filing 19

REPORT AND RECOMMENDATIONS. It is RECOMMENDED that claimant's claim to the currency be dismissed for failure to prosecute and that judgment be entered in favor of the plaintiff. Objections to R&R due by 10/22/2015. Signed by Magistrate Judge Norah McCann King on 10/5/2015. (pes)

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

Civil Action 2:14-1829
Judge Watson
Magistrate Judge King

THIRTEEN THOUSAND SIX HUNDRED
FIFTY AND 00/100 DOLLARS
($13,650.00) IN UNITED STATES
CURRENCY,
Defendant.
REPORT AND RECOMMENDATION
This case was referred to mediation during the September 2015
Settlement Week on July 24, 2015.
14.

Notice of Mediation Conference, ECF

The Court conferred with counsel for the parties shortly prior to

the scheduled mediation on September 18, 2015.

Order, ECF 17.

It was

represented that plaintiff had tendered a settlement demand, but that
claimant made no response to that demand.

Id. at 1.

Claimant’s

counsel represented that he has been unable to communicate with the
claimant and that the claimant was not expected to appear at the
September 18, 2015 mediation.

Id.1

Based on that representation and

upon the agreement of the parties, the Settlement Week mediation
scheduled for September 18, 2015 was vacated.

Id.

The Court ordered

claimant to show cause, by October 2, 2015, why sanctions, including
dismissal of his claim, should not be imposed for failure to comply
with the requirements of General Order on Settlement Week, Eastern
Division General Order 01-2.

Id. at 2.

1

Although the claimant was

On September 28, 2015, claimant’s counsel filed a motion for leave to
withdraw and/or for a continuance, representing that he has been unable to
reach his client and has had no contact with his client. ECF 18.

1

expressly advised that his failure to respond to the Order was likely
to result in the imposition of sanctions, including dismissal of his
claim, there has been nevertheless been no response to the Order, ECF
17.

Under these circumstances, it appears that claimant has abandoned

the prosecution of his claims.
It is therefore RECOMMENDED that claimant’s claim to the currency
be dismissed for failure to prosecute and that judgment be entered in
favor of the plaintiff.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part
thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

28

Response to objections

must be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

The parties are specifically advised that failure to object to
the Report and Recommendation will result in a waiver of the right to
de novo review by the District Judge and of the right to appeal the
decision of the District Court adopting the Report and Recommendation.
See Thomas v. Arn, 474 U.S. 140 (1985); Smith v. Detroit Fed’n of
Teachers, Local 231 etc., 829 F.2d 1370 (6th Cir. 1987); United States
v. Walters, 638 F.2d 947 (6th Cir. 1981).

October 5, 2015

s/Norah McCann King
Norah McCann King
United States Magistrate Judge

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