Little et al v. Berg Home LLC et al

Filing 15

ORDER OF DISMISSAL WITHOUT PREJUDICE - that Plaintiffs' complaint is dismissed without prejudice. The Clerk of the Court shall close the docket in this matter. Signed by Senior Judge Stephen M McNamee on 5/30/2014. (KMG)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Daryl Little, Paul Little,
Gwaine Little,

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Plaintiffs,
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v.
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Berg Home LLC, Connie
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Schwichtenberg, John Doe
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Schwichtenberg,
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Defendants.
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______________________________ )

CV 13-01913 PHX MEA
ORDER OF DISMISSAL
WITHOUT PREJUDICE

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Plaintiffs have consented to the exercise of magistrate

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judge jurisdiction over the matter, including the entry of final

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judgment.

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Defendants have not appeared in the matter
The

complaint

was

docketed

September

17,

2013.

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Although the civil docket reflects service was returned as

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executed on October 21, 2013, Defendants have not appeared nor

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answered the complaint and Plaintiffs have not docketed any

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pleading seeking to further prosecute their claims.

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have not sought Defendants’ default.

Plaintiffs

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On March 11, 2013, citing Rule 41.1 of the Local Civil

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Rules of the United States District Court for the District of

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Arizona, the Court allowed Plaintiffs until April 25, 2014, to

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show cause for their failure to further prosecute their claims.

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Plaintiffs responded to the order to show cause on April 24,

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2014, by docketing a notice of settlement and asking the Court

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to continue the matter for thirty days to allow Plaintiffs to

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finalize

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dismissal.

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have passed since Plaintiffs asked to the Court to continue the

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matter.

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this matter since serving Defendants in November of 2013, and

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that Plaintiffs have represented to the Court that a settlement

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the

settlement

and

docket

a

notice

No further pleadings have been filed.

Thirty days

in this matter has been reached,
IT IS ORDERED that Plaintiffs’ complaint is dismissed
without prejudice.

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docket in this matter.

The Clerk of the Court shall close the

DATED this 30th day of May, 2014.

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voluntary

Noting that Plaintiffs have done nothing to prosecute

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of

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