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)

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

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