UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

AARON M. COWANS, )

)

Plaintiff, )

)

v. ) CAUSE NO.: 1:16-CV-115-TLS

)

PRIMCO, INC., )

)

Defendant. )

ORDER

This matter is before the Court on a Report and Recommendation of United States

Magistrate Judge [ECF No. 24] to dismiss the case sua sponte for lack of prosecution pursuant to

Rule 41(b). The Report chronicles Plaintiff Aaron M. Cowan’s failure to appear at various court

hearings without explanation, including two show cause hearings. The Magistrate Judge

recommended, after issuing the final show cause order and receiving no response, that the Court

dismiss the action for failure to prosecute. On October 7, 2016, the Plaintiff’s counsel stated in a

Motion to Withdraw [ECF No. 16] that he had been unable to reach the Plaintiff since June 3,

2016, and that the Plaintiff failed to cooperate with him in preparing discovery responses. The

Magistrate Judge set a motion hearing for October 25, 2016, directing the Plaintiff and his

counsel to appear in person. A copy of the text order setting the hearing and directing the

Plaintiff to appear in person was sent to the Plaintiff at his last known address. The Plaintiff

failed to appear, in which the Magistrate Judge set the matter for a show-cause hearing and a

hearing on the Motion to Withdraw on November 28, 2016. A copy of that text order setting the

November 28, 2016 hearing and directing the Plaintiff to appear in person was sent to the

Plaintiff’s last known address. The Plaintiff failed to appear at this hearing as well. The

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Magistrate Judge then set the matter over for a show-cause hearing and a hearing on the Motion

Withdraw on December 28, 2016. A copy of this text order setting the December 28, 2016

hearing and directing the Plaintiff to appear in person was sent to the Plaintiff’s last known

address. The Magistrate Judge also sent a Notice and Order [ECF No. 21] directing the Plaintiff

to appear in person for the December 28, 2016 hearing, and show cause why he should not be

sanctioned for his failure to appear at the October 25 and November 28 hearings. The Plaintiff

was also ordered to file a written statement on or before December 19, 2016 why he should not

be sanctioned for failing to appear at the October 25 and November 28 hearings. The Plaintiff

was warned in the Notice and Order that his failure to appear at the December 28, 2016 hearing,

his failure to file written statement, or his failure to show cause could result in dismissal of his

case.

The Plaintiff failed to appear at the December 28, 2016 hearing. The Magistrate Judge

granted the Motion to Withdraw and deemed the Plaintiff to be proceeding pro se. The

Magistrate issued the Report and Recommendation to dismiss the case pursuant to Rule 41(b) for

failure to prosecute. Proof of Service [ECF No. 25] was executed on January 12, 2017 and filed

with the Court on January 17, 2017. For the reasons set forth in the Report and Recommendation,

and because the Plaintiff has failed to pursue his claims, the Court ACCEPTS the Report and

Recommendation [ECF No. 24] and DISMISSES this Action WITHOUT PREJUDICE.

SO ORDERED on February 2, 2017.

 s/ Theresa L. Springmann 

THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT

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