DEARBORN AVENUE BISTRO INC. v. CITY OF DEARBORN

George Steeh, District Judge

This matter has come before the court at the time and date originally scheduled for a final pretrial conference. Plaintiffs' counsel did not appear for the final pretrial conference, and a proposed final pretrial order was not submitted by either party. The court's staff contacted plaintiffs' counsel's office, and was unable to reach counsel for an explanation. The court went on the record, and heard defendant's oral motion to dismiss and for sanctions. Now, therefore, for the reasons stated on the record,

IT IS HEREBY ORDERED that plaintiff's case is DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 16(f), for failure to appear at the pretrial conference as ordered.

Defendant's motion for sanctions shall be considered only in the event plaintiffs seek to reinstate or refile this case.