Filed: Feb. 22, 2012
Latest Update: Feb. 22, 2012
Summary: ORDER ADOPTING RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the magistrate judge's Recommendation That This Case be Dismissed with Prejudice Based Upon the Plaintiff's Failure To Appear and Failure To Comply with Court Orders [#111] 1 filed February 1, 2012. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d
Summary: ORDER ADOPTING RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE ROBERT E. BLACKBURN, District Judge. The matter before me is the magistrate judge's Recommendation That This Case be Dismissed with Prejudice Based Upon the Plaintiff's Failure To Appear and Failure To Comply with Court Orders [#111] 1 filed February 1, 2012. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service , 418 F.3d 1..
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ORDER ADOPTING RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE
ROBERT E. BLACKBURN, District Judge.
The matter before me is the magistrate judge's Recommendation That This Case be Dismissed with Prejudice Based Upon the Plaintiff's Failure To Appear and Failure To Comply with Court Orders [#111]1 filed February 1, 2012. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).2 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge's Recommendation That This Case be Dismissed with Prejudice Based Upon the Plaintiff's Failure To Appear and Failure To Comply with Court Orders [#111] filed February 1, 2012, is APPROVED AND ADOPTED as an order of this court;
2. That the following motions are DENIED AS MOOT:
a. Defendant EMC Mortgage Corporation's Motion To Dismiss Second
Amended Complaint for Failure To State a Claim Under Fed.R.Civ.P. 12(b)(6) [#77] filed December 5, 2011;
b. Plaintiff [sic] Motion To Dismiss Amended Complaint Without Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(I) [#103] filed January 20, 2012; and
c. Defendant Experian Information Solutions, Inc.'s Joinder to Defendants [sic] EMC Mortgage Corporation's Response to Plaintiff's Motion To Dismiss [#108] filed January 31, 2012;
3. That plaintiff's claims against defendants are DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 16(f) and 41(b) and D.C.COLO.LCivR 41.1 based on plaintiff's repeated and unexplained failures to appear as ordered by the court and to comply with the duly issued orders of the court;
4. That judgment SHALL ENTER on behalf of defendants, EMC Mortgage Corporation and Experian Information Solutions, Inc., against plaintiff, Brian Edmond Bath, as to all claims for relief and causes of action asserted against them; provided, that the judgment shall be with prejudice;
5. That the Trial Preparation Conference currently scheduled for Friday, October 26, 2012, at 3:30 p.m., and the trial currently scheduled to commence on November 19, 2012, are VACATED; and
6. That, as provided by Fed. R. Civ. P. 16(f)(2), defendants are AWARDED their reasonable expenses, including attorney fees, incurred in connection with their appearances at the January 20, 2012, scheduling conference, and the February 1, 2012, scheduling conference and show cause hearing; provided further that defendants SHALL FILE motions substantiating such reasonable expenses by no later than March 14, 2012.
