Hampton et al v. Oliver et al

Filing 42

SHOW-CAUSE ORDER: it is ORDERED that plaintiff show cause, if any there be, in writing by 2/22/2021, as to why Count II should not be dismissed for failure to prosecute or for abandonment; If they do not respond by the deadline, Count II against defendant Joseph H. Headley will be dismissed with prejudice. Signed by Honorable Judge Myron H. Thompson on 2/18/2021. (amf, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CHRISTOPHER HAMPTON and
CORTNEY ROLLEY,
on behalf of themselves
individually, and all
others similarly-situated,
Plaintiffs,
v.
ULYSSES OLIVER, JR.,
et al.,
Defendants.

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CIVIL ACTION NO.
2:20cv742-MHT
(WO)

SHOW-CAUSE ORDER
On February 10, 2021, the court ordered plaintiffs
to file a notice by February 16, 2021, informing the
court whether they intend to continue pursuing Count II
of the complaint against defendant Joseph H. Headley,
or whether that count should be dismissed.
(Doc. 41).

See Order

Plaintiffs did not file the ordered notice.

Nor did they file a motion for an extension of time to
file the notice.

It appears therefore that plaintiffs

may have abandoned Count II against defendant Joseph H.

Headley, or that dismissal of that count for failure to
prosecute could be appropriate.
***
Accordingly,

it

is

ORDERED

that

plaintiff

show

cause, if any there be, in writing by February 22,
2021, as to why Count II should not be dismissed for
failure to prosecute or for abandonment.

If they do

not respond by the deadline, Count II against defendant
Joseph H. Headley will be dismissed with prejudice.
DONE, this the 18th day of February, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE