Murphy et al v. Bunge North America Inc et al

Filing 13

ORDER lifting the stay in this case. The Court will dismiss this case with prejudice for failure to prosecute. FED. R. Crv. P. 41(b). Signed by Chief Judge D. P. Marshall Jr. on 6/4/2021. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JONATHAN MURPHY djb/a MURPHY TRUCKING and VINCENT BANISTER v. PLAINTIFFS No. 4:20-cv-890-DPM BUNGE NORTH AMERICA, INC. and KRIS TILLIE DEFENDANTS ORDER In September 2020, the Court ordered Murphy and Banister to pay some sunk attorney's fees and costs incurred by Bunge in the yearslong state-court predecessor of this case. That payment was the condition of re-starting this litigation. Doc. 9. After six months of no activity, Bunge moved to dismiss. In March 2021, the Court denied that motion without prejudice - but warned Murphy and Banister that they had to pay within two months or show cause why the Court should not dismiss with prejudice for failure to prosecute. Doc. 12. They have not paid. And they have not indicated that they cannot pay or provided a good reason that this old case should not end. All material things of record considered, the stay is lifted and the Court will therefore dismiss this case with prejudice for failure to prosecute. FED. R. Crv. P. 41(b). So Ordered. v D.P. Marshall Jr. United States District Judge -2-

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