Adkins et al v. Wilshire Credit Corporation

Filing 4

MEMORANDUM OPINION AND ORDER the court DISMISSES without prejudice this case for failure to prosecute. Signed by Judge Joseph R. Goodwin on 12/7/2010. (cc: attys; any unrepresented party) (taq)

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Adkins et al v. Wilshire Credit Corporation Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION JAMMIE EDWARD ADKINS, et al., Plaintiffs, v. WILSHIRE CREDIT CORPORATION, et al., Defendants. -------------------------------------------------------------JAMMIE EDWARD ADKINS, et al., Plaintiffs, v. WILSHIRE CREDIT CORPORATION, Defendant, v. JAMMIE EDWARD ADKINS, et al., Debtors. MEMORANDUM OPINION AND ORDER On March 12, 2010, this court entered a Memorandum Opinion and Order [2:09-mc-214, Docket 3] in Case No. 2:09-mc-214, granting defendant Wilshire Credit Corporation's Motion to Withdraw Reference of this Adversary Proceeding. Pursuant to the court's order granting the motion to withdraw reference, the Clerk docketed a separate civil action, Case No. 2:10-cv-314, involving the same parties. No additional activity has occurred in either proceeding since March CIVIL ACTION NO. 2:10-cv-00314 CIVIL ACTION NO. 2:09-mc-00214 Dockets.Justia.com 12, 2010. The court has been advised by counsel for the defendant that, as a result of an amendment of the pleadings in the adversary bankruptcy proceedings, Wilshire Credit Corporation is no longer a party to the underlying dispute. Accordingly, the court DISMISSES without prejudice Case No. 2:09-mc-214 and Case No. 2:10-cv-314 for failure to prosecute. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: December 7, 2010 -2-