VARGAS v. CHILD DEVELOPMENT CENTER OF FRANKLIN COUNTY, INC. (S.D.Ohio 2003)

NORAH KING, Magistrate Judge

Plaintiffs allege that defendants failed to provide the notifications required by COBRA, 29 U.S.C. § 1161 et seq., and that the defendant insurance companies failed to provide health insurance and disability insurance benefits required by ERISA, 29 U.S.C. § 1001 et seq. Plaintiffs also assert as a claim against the employer defendants the termination of the employment of plaintiff EyVonne J. Vargas in violation of Ohio's public policy.

This case was scheduled for mediation on December 8, 2003, as part of the Court's December 2003 Settlement Week. Notice (November 5, 2003). The Court's General Order on Settlement Week, MEastern Division Order No. 01-2, requires that the parties exchange fully-documented written settlement demands prior to the conference. Id., § III (B). On November 6, 2003, however, plaintiffs' counsel filed a motion for leave to withdraw, indicating that plaintiffs have failed to cooperate in the prosecution of this case. Moreover, the Court is advised that plaintiffs have not authorized the tender of the settlement demand required by the General Order on Settlement Week. It therefore appears that the plaintiffs have abandoned the prosecution of this case.

Under these circumstances, the December 8, 2003 mediation conference is VACATED. The Clerk shall advise the mediator assigned to the case.

Plaintiffs are ORDERED TO SHOW CAUSE, within ten (10) days, why the case should not be dismissed for want of prosecution. Their failure to respond to this Order will result in the dismissal of this case.

Plaintiffs' counsel of record is DIRECTED to forward a copy of this Order to plaintiffs.