Nielson et al v. Eagle Tugs, LLC et al

Filing 79

ORDER DISMISSING Plf Derrin Nielson's claims against Dfts W/O PREJUDICE for failure to comply w/the court's orders & to prosecute this action. Default having been entered against Dfts in favor of Plfs Griswold, Duet, Scoggins & Wells, & there being no further matters pending, the clerk is directed to close this case. Signed by Judge Callie V. S. Granade on 2/23/12. (tot) Modified on 2/23/2012 (tot).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DERRIN NIELSON, et al., Plaintiffs, vs. EAGLE TUGS, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 10-0074-CG-C ORDER Plaintiff Darrin Nielson having failed to respond to this court’s orders dated November 2, 2011 (Doc. 68), January 3, 2012 (Doc. 71) and February 2, 2012 (Doc. 72)), and upon consideration of the alternatives that are available to the court, it is ORDERED that plaintiff Derrin Nielson’s claims against the defendants are hereby DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to comply with the court=s orders and to prosecute this action. See Link v. Wabash R. R., 370 U.S. 626, 630, 82 S.Ct. 1836, 8 L.Ed.2d 734 (1962) (interpreting Rule 41(b) not to restrict the court=s inherent authority to dismiss sua sponte an action for lack of prosecution). Default judgment having been entered against the defendants in favor of plaintiffs Samuel Griswold (Doc. 73), Chad Duet (Doc. 74), Steven Scoggins (Doc. 75), and Christopher J. Wells (Doc. 76), and there being no further matters pending before the court, the clerk of court is directed to close this case. DONE and ORDERED this 23rd day of February, 2012. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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