ANTONACCI et al v. DEPARTMENT OF THE NAVY, No. 1:2012cv01882 - Document 21 (S.D. Ind. 2013)
Court Description: ORDER: Because Plaintiffs have failure to prosecute this action, the Court adopts Magistrate Judge LaRue's recommendation and finds it appropriate to DISMISS this action WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Any pending deadlines are VACATED and all pending motions are DENIED AS MOOT. Final judgment shall issue accordingly ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 10/7/2013. Copy sent via US Mail.(DW)
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ANTONACCI et al v. DEPARTMENT OF THE NAVY Doc. 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION LISA ANTONACCI, et al., Plaintiffs, vs. DEPARTMENT OF THE NAVY, Defendant. ) ) ) ) ) ) ) 1:12-cv-1882-JMS-DKL ORDER Magistrate Judge LaRue held a show cause hearing on September 23, 2013, because Plaintiffs had failed to appear at the scheduled initial pretrial conference. The Plaintiffs failed to appear at the show cause hearing, despite the fact that the Court mailed notices of the hearing to two addresses1 and the Magistrate Judge warned them that she would recommend their case be dismissed if they failed to appear. [Dkt. 16.] In light of Plaintiffs’ failure to appear, Magistrate Judge LaRue has recommended that their case be dismissed for failure to prosecute. [Dkt. 19.] A party “cannot decide for itself when it feels like pressing its action and when it feels like taking a break.” GCIU Employer Retirement Fund v. Chicago Tribune Co., 8 F.3d 1195, 1198-1199 (7th Cir. 1993). Because Plaintiffs have failure to prosecute this action, the Court adopts Magistrate Judge LaRue’s recommendation and finds it appropriate to DISMISS this action WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Any pending deadlines are VACATED and all pending motions are DENIED AS MOOT. Final judgment shall issue accordingly. 1 The Notices sent to one of the addresses were returned as undeliverable. [Dkts. 17; 18.] -1- Dockets.Justia.com 10/07/2013 _______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana Distribution via US Mail: LISA ANTONACCI 14456 National Dr. Apt. 3B Carmel, IN 46033 ALBERT ANTONACCI 14456 National Dr. Apt. 3B Carmel, IN 46033 ALBERT ANTONACCI 3220 Autumn Ash Drive, Zionsville, IN 46033 LISA ANTONACCI 3220 Autumn Ash Drive, Zionsville, IN 46033 Distribution via ECF only: Jill Z. Julian UNITED STATES ATTORNEY'S OFFICE jill.julian@usdoj.gov -2-
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