Raw, LLC v. SLG Contractors, Inc et al

Filing 8

ORDER re 6 Notice of Default Procedure, 7 Notice of Default Procedure; case dismissed for failure to prosecute by returning affidavits in support of default as prescribed; case dismissed without prejudice. Signed by Honorable Harry F. Barnes on August 20, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

UNITED STATES use of RAW, LLC d/b/a CONCRETE PROS

PLAINTIFF

VS.

CASE NO. 07-1110

SLG CONTRACTORS, INC., WASHINGTON INTERNATIONAL INSURANCE COMPANY

DEFENDANTS

ORDER OF DISMISSAL On August 20, 2008, the Clerk issued, at the direction of the Court, a Notice of Default Process under Fed. R. Civ. P. 55 based upon the Defendants' failure to plead or otherwise respond to Plaintiff's Complaint. (Doc. Nos. 6 and 7). In the notice, the Plaintiff was directed to file an affidavit in support of default and/or to move for default judgment within fourteen (14) days. Plaintiff was advised that failure to comply with the Court's order within the prescribed times could result in a dismissal for failure to prosecute. As of this date, Plaintiff has failed to file an affidavit in support of default and/or to move for default judgment as directed by the Court. Therefore, Plaintiff's lawsuit against Defendants SLG Contractors, Inc. and Washington International Insurance Company is hereby dismissed without prejudice. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED, this 20th day of August, 2009.

/s/Harry F. Barnes Hon. Harry F. Barnes United States District Judge