Sheet Metal Workers Local Union 24 Joint Apprenticehip and Training Committee, and Scott Cosgrove, Scott Hammond, Jeff Rowe, Cameron Saunders, Tony Staten, and Jim Williams et al v. R&C Construction Services Co. LLC

Filing 10

ORDER adopting Report and Recommendations re 9 Report and Recommendations in part and dismissing this action without prejudice for failure to prosecute. Signed by Judge James L. Graham on 11/30/2015. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Sheet Metal Workers Local
Union 24 Joint Apprenticeship
and Training Committee, et al.,
Plaintiffs,
v.

Case No. 15-cv-2083

R&C Construction Services
Co., LLC,
Defendant.
ORDER
The record indicates that the clerk entered default against
defendant on August 21, 2015.
for default judgment.

However, plaintiffs filed no motion

By order filed on September 22, 2015,

plaintiffs were directed to file a status report within fourteen
days if they had not yet filed a motion for default judgement.
Plaintiffs failed to comply with this order.

An order filed on

October 16, 2015, ordered plaintiffs within fourteen days to apply
for default judgment or to show cause why the case should not be
dismissed for want of prosecution.

After plaintiffs failed to

respond to this order, the magistrate judge filed a report and
recommendation on November 9, 2015, recommending that the case be
dismissed with prejudice for failure to prosecute.
The parties were advised that the failure to object to the
report and recommendation within fourteen days “will result in a
waiver of the right to de novo review by the district Judge and
waiver of the right to appeal the judgment of the District Court.”
Doc. 9, p. 3.
been

filed.

No objections to the report and recommendation have
The

court

will

adopt

the

magistrate

judge’s

recommendation that the case be dismissed for failure to prosecute.
However, that dismissal will be without prejudice.
Accordingly, the court adopts the report and recommendation
(Doc. 9) in part, and this action is dismissed without prejudice
for failure to prosecute.

Date: November 30, 2015

s/James L. Graham
James L. Graham
United States District Judge