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Scott v. Ohio Department of Rehabilitation and Correction

Court of Claims of Ohio

January 22, 2003

GEORGE E. SCOTT Plaintiff
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant and PHRONNIE SCOTT Intervening Plaintiff

To S.C. reporter 1-29-2003

Richard F. Swope Attorney for Plaintiff.

Alan I. Goodman Attorney for Intervening Plaintiff.

Susan M. Sullivan Assistant Attorney General.

JUDGMENT ENTRY

Fred J. Shoemaker Judge.

{¶1} On January 10, 2003, this case was called for trial on the issue of damages; however, both intervening plaintiff and her attorney failed to appear. Counsel for defendant reported to the court that she had made several attempts in the past week to contact intervening plaintiff and her counsel regarding this proceeding and that those attempts were unsuccessful. Counsel for plaintiff and defendant informed the court that they had reached a settlement. Plaintiff requested that the court dismiss intervening plaintiff's claim for want of prosecution.

{¶2} The court does hereby DISMISS intervening plaintiff's claim pursuant to Civ. R. 41(B)(1) and (C) for failure to prosecute. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. The parties shall submit the settlement ...


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