Alahverdian v. Nemelka

Filing 34

ORDER DISMISSING CASE - It is accordingly ORDERED that the above-captioned action be, and it hereby is DISMISSED WITHOUT PREJUDICE for want of prosecution. The Clerk will enter judgmentto that effect. Signed by Magistrate Judge Michael R. Merz on 2/7/17. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NICHOLAS E. ALAHVERDIAN,
Plaintiff,

-

vs

:

-

Case No. 3:15-cv-060

Magistrate Judge Michael R. Merz

CHRISTOPHER NEMELKA,

Defendant.

:

ORDER DISMISSING CASE FOR WANT OF PROSECUTION

This case is before the Court sua sponte. By Scheduling Order filed February 3, 2016
(ECF No. 27), the Court set dates for disclosure of lay and expert witnesses, the cut-off of
discovery, the filing of summary judgment motions, and trial. No witness lists or summary
judgment motions have ever been filed.
The Scheduling Order set a jury trial date of February 21, 2017, and provided that the
parties were to file a joint proposed final pretrial order not later than February 6, 2017. No such
proposed order has been filed. Prompted for a status report in January 2017 Plaintiffs’ counsel
indicated a possible motion for continuance might be filed, but it has not.
This Court’s General Order on Pre-Trial and Trial Procedures (General Order Day 12-01)
cautions counsel
The joint proposed final pretrial order must be jointly prepared. If
the parties fail to file and email to chambers a joint proposed final
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pretrial order, the final pretrial conference will likely be canceled,
the trial will likely be continued, and counsel will be subject to
sanctions, including possible dismissal for failure to prosecute.

In a case such as this where the docket shows absolutely no activity on Plaintiff’s part
despite the pendency of this action for almost two years and an express request from chambers
for a status report, the proper sanctions is dismissal.
It is accordingly ORDERED that the above-captioned action be, and it hereby is
DISMISSED WITHOUT PREJUDICE for want of prosecution. The Clerk will enter judgment
to that effect.

February 7, 2017.
s/ Michael R. Merz
United States Magistrate Judge

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