Filed: Jul. 13, 2018
Latest Update: Jul. 13, 2018
Summary: ORDER JAMES R. KNEPP, II , Magistrate Judge . Plaintiff Alfred T. Phillips ("Plaintiff") filed a Complaint in November 2016 alleging violations of the federal Civil Rights Act, 42 U.S.C. 1981, and Ohio Civil Rights Act, Ohio Rev. Code 4112.02. (Doc. 1). Following discovery, Defendant filed a Motion for Summary Judgment (Doc. 19). The Court granted motions extending Plaintiff's time for response. (Docs. 20, 22). In January 2018, the parties notified the Court that they had reached a sett
Summary: ORDER JAMES R. KNEPP, II , Magistrate Judge . Plaintiff Alfred T. Phillips ("Plaintiff") filed a Complaint in November 2016 alleging violations of the federal Civil Rights Act, 42 U.S.C. 1981, and Ohio Civil Rights Act, Ohio Rev. Code 4112.02. (Doc. 1). Following discovery, Defendant filed a Motion for Summary Judgment (Doc. 19). The Court granted motions extending Plaintiff's time for response. (Docs. 20, 22). In January 2018, the parties notified the Court that they had reached a settl..
More
ORDER
JAMES R. KNEPP, II, Magistrate Judge.
Plaintiff Alfred T. Phillips ("Plaintiff") filed a Complaint in November 2016 alleging violations of the federal Civil Rights Act, 42 U.S.C. § 1981, and Ohio Civil Rights Act, Ohio Rev. Code § 4112.02. (Doc. 1). Following discovery, Defendant filed a Motion for Summary Judgment (Doc. 19). The Court granted motions extending Plaintiff's time for response. (Docs. 20, 22). In January 2018, the parties notified the Court that they had reached a settlement agreement, and a dismissal entry would be filed.
On June 15, 2018, having not received a dismissal entry, the Court sua sponte granted the parties until June 29, 2018 to file a stipulation for dismissal. (Doc. 23). That order also explained: "If such a stipulation is not filed, the case will be dismissed by the Court for want of prosecution." Id. To date, no such dismissal entry has been filed.
Civil Rule 41(b) provides authority to dismiss a case for plaintiff's failure to prosecute or comply with court orders. Fed. R. Civ. P. 41(b); see also Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962) (recognizing district courts have the inherent authority to sua sponte dismiss an action for lack of prosecution).
Therefore, this case is DISMISSED WITH PREJUDICE for want of prosecution.
IT IS SO ORDERED.
