Cincinnati Insurance Company v. Anetsberger, LLC et al, No. 3:2015cv00398 - Document 10 (S.D. Ohio 2018)

Court Description: DECISION AND ENTRY OVERRULING DEFENDANT ANETSBERGER, LLC'S MOTION TO DISMISS FOR FAILURE TO PROSECUTE (DOC. # 7 ); FURTHER INSTRUCTIONS TO COUNSEL- Given that the Court is largely to blame for any confusion that ensued following the erroneous te rmination of this case, the Court OVERRULES DefendantAnetsberger, LLC's, Motion to Dismiss for Failure to Prosecute, Doc. # 7 .As discussed during the conference call held on June 11, 2018: Counsel for Anetsberger, LLC, will provide an affidavi t to counsel for Plaintiffs no later than June 21, 2018. If the evidence shows that the deep fryer was purchased prior to the date Anetsberger, LLC, came into being, Plaintiffs will voluntarily dismiss all claims against Anetsberger, LLC. Plaintiffs ' counsel shall serve Defendant Anetsberger Brothers Inc., no later than July 11, 2018. After service has been effected and an Answer has been filed, the Court will schedule a Preliminary Pretrial Conference. Signed by Judge Walter H. Rice on 6/20/18. (kma)