United States ex rel. et al v. Quandel Group, Inc. et al

Filing 42

ORDER: Re: 41 Correspondence. Signed by Magistrate Judge Michael J Newman on 1/24/14. (cib1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
UNITED STATES, ex rel.,
P-1 CONTRACTING, INC.,
Plaintiffs,

Case No. 3:12-CV-418

v.
THE QUANDEL GROUP, INC., et al.,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendants.

ORDER

This is a consent case. The Court is in receipt of what appears to be a Proposed Order
that was emailed to Judge Black’s chambers by Plaintiff’s counsel. Doc. 41. The email advises
the Court that it is a “proposed dismissal entry” and that Defendants Quandel Group, Inc. and
Western Surety Company consent to its entry. The email also provides that Defendant The
Aspire Group of Ohio, LLC does not consent to its entry.
The Proposed Order would dismiss with prejudice Plaintiff’s claims against Defendants
Quandel Group and Western Surety, as well as the respective counterclaims of those Defendants.
Additionally, the Proposed Order would dismiss without prejudice Plaintiff’s claims against
Aspire.
Plaintiff’s counsel has provided no indication that there has been a settlement in the
matter. See S.D. Ohio Civ. P. 7.2(c). Because the parties have not submitted a motion for the
Court’s consideration, Fed. R. Civ. P. 7(b), the Court is unable to take any action. Accordingly,
the parties are advised that they must file a motion for the Court to consider the relief they seek.
IT IS SO ORDERED.
January 24, 2014

s/ Michael J. Newman
United States Magistrate Judge