Opinion
No. 00 Civ. 0446 (LTS)(AJP)
September 12, 2002
MEMORANDUM ORDER
Plaintiff timely filed a motion for reconsideration of the Court's June 29, 2001 order dismissing the case with prejudice for Plaintiff's failure to prosecute the case and failure to comply with Court orders. Prior to entry of that order, Plaintiff had failed entirely to effect substitution of counsel or a pro se appearance in accordance with an order issued by Judge Batts on August 17, 2000, had failed to appear at a pre-trial conference on March 8, 2001, had failed timely to respond to an order to show cause as to why the case should not be dismissed for failure to prosecute, and had failed to appear at a June 29, 2001 pretrial conference that had been scheduled by the Court in response to Plaintiff's untimely request that the case not be dismissed for failure to prosecute. The Court's May 2, 2001 order setting the June 29, 2001 conference specifically notified Plaintiff that, "if plaintiff does not appear in person or by counsel at the . . . conference . . ., this case shall be dismissed with prejudice."
Following entry of the dismissal order, Plaintiff moved for reconsideration of the dismissal and reinstatement of the case. The motion was inadvertently misfiled and was brought to the Court's attention by correspondence from Plaintiff, dated July 3, 2002. Upon receipt of that correspondence, the Court scheduled a hearing on Plaintiff's motion. As clearly set forth in the Court's August 16, 2002 order, which the Court served on Plaintiff and on counsel for Defendant, Plaintiff was required to attend the hearing, which was scheduled for September 12, 2002 at 2:00 p.m. Plaintiff did not appear at the September 12, 2002 hearing, nor did he contacted the Court to request an adjournment.
Because Plaintiff has again failed to comply with a Court order and appear properly in prosecution of this case, his motion for reconsideration of the dismissal order is DENIED.
SO ORDERED.