The Estate of Geraldine Topolnicki, Deceased et al v. Bank of America, N.A. et al

Filing 25

REPORT AND RECOMMENDATION: The Magistrate Judge recommends that this action be dismissed without prejudicefor lack of prosecution. Signed by Magistrate Judge E. Clifton Knowles on 6/11/2015. (xc: Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Wayman, Jessica)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

THE ESTATE OF GERALDINE
TOPOLNICKI, et al.
v.
BANK OF AMERICA, N.A., et al.

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Civil Action No. 3:15-0058
Judge Haynes/Knowles

REPORT AND RECOMMENDATION
This matter is before the Court on the Order entered by the undersigned on April 15,
2015. Docket No. 21. Plaintiff, the Estate of Geraldine Topolnicki, was directed to retain
counsel pursuant to 28 USC § 1654. The Order required the individual plaintiffs Jeanne Wood
and Michelle Topolnicki to notify the Court within 20 days that they would either proceed pro se
or that they would retain counsel, who was required to enter an appearance within that period of
time.
To date, the Court has not received anything from any of the Plaintiffs indicating their
status as pro se or whether they have obtained new counsel. Additionally, no attorney has filed a
Notice of Appearance for The Estate of Geraldine Topolnicki.
Therefore, the undersigned recommends that this action be dismissed without prejudice
for lack of prosecution.
Under Rule 72(b) of the Federal Rules of Civil Procedure, any party has fourteen (14)
days after service of this Report and Recommendation in which to file any written objections to
this Recommendation with the District Court. Any party opposing said objections shall have
fourteen (14) days after service of any objections filed to this Report in which to file any

response to said objections. Failure to file specific objections within fourteen (14) days of
service of this Report and Recommendation can constitute a waiver of further appeal of this
Recommendation. See Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L. Ed. 2d 435 (1985),
reh’g denied, 474 U.S. 111 (1986); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72.

E. CLIFTON KNOWLES
United States Magistrate Judge