Clatterbuck et al v. City of Charlottesville

Filing 55

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 54 Report and Recommendations ; granting 47 Motion to Dismiss. Signed by Judge Norman K. Moon on 9/12/13. (hnw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
CHARLOTTESVILLE DIVISION

ALBERT CLATTERBUCK, ET AL,

CIVIL NO . 3:11CV 00043
Plaintiffs,

v.

ORDER

CITY OF CHARLOTTESVILLE,
Defendant.

JUDGE NORMAN K. MOON

United States Magistrate Judge B. Waugh Crigler has entered a Report and
Recommendation (the “Report”) recommending that I grant Defendant’s motion to dismiss the
complaint of three Plaintiffs in this case as a sanction for their failure to prosecute.* Upon my
review of the record, and no objection to the Report having been filed within 14 days of its
service upon the parties, the Report (docket no. 54) is hereby ADOPTED; Defendant’s motion
(docket no. 47) is GRANTED; and the claims of Plaintiffs Earl McCraw, John Jordan, and
Michael Sloan are DISMISSED with prejudice.
It is so ORDERED.
The Clerk of the Court is hereby directed to send a certified copy of this order to all
counsel of record and to Judge Crigler.
12th
Entered this _____ day of September, 2013.

*

Counsel for Plaintiffs filed a cross-motion to withdraw as counsel for Plaintiffs Earl McCraw, John Jordan, and
Michael Sloan, citing Plaintiffs’ failure to remain in communication, despite counsel’s repeated requests and diligent
efforts to maintain contact. Contemporaneously with the instant Report, Judge Crigler issued an order denying the
motion to withdraw.