A breach of contract lawsuit filed against Columbia Public Schools faces dismissal for failure to prosecute.

Kelly Sports Properties sued the district in 2017 for $411,625, according to previous Missourian reporting. 

The lawsuit states the school district violated a contract when it negotiated new beverage pouring rights while it was still under contract with Kelly Sports Properties.

No action has been taken in the case since February, and the notice of dismissal states that any case that has been inactive for six months will be dismissed without prejudice in 30 days. 

Michelle Baumstark, community relations director for the district, said there has been no contact between the parties, and that the action going forward is up to the plaintiffs.

"We are waiting to see what the courts will do," Baumstark said. 

Unless further action is filed, the case will be dismissed without prejudice on Sept. 16. This means the case may be refiled at a later date, according to court documents.

Attorney for Kelly Sports Properties, Thomas Mingus, did not return the Missourian's calls Wednesday. 

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