Tax Services of America, Inc. v. Mitchell et al

Filing 186

ORDER. The Order To Show Cause 185 entered 04/27/2009, is MADE ABSOLUTE. The First and Second Cross-Claims for Relief, asserted against co-defendants,Linda Mitchell and Hamidou Diarra, in Defendant Kerry Dyles Answer,Affirmative Defenses, Counterclaims, and Cross Claims to Plaintiffs Complaintand Jury Demand 115-135 at 16-20 33 , filed 03/09/2007, are DISMISSED WITHOUT PREJUDICE for failure to prosecute by Judge Robert E. Blackburn on 05/12/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-00249-REB-KLM TAX SERVICES OF AMERICA, INC., Plaintiff, v. LINDA MITCHELL, HAMIDOU DIARRA, and KERRY DYLES, Defendants. ORDER TO SHOW CAUSE Blackburn, J. This matter is before me sua sponte. On April 27, 2009, I entered an Order To Show Cause [#185], directing defendant to show cause on or before May 8, 2009, why his putative cross-claims against defendants, Linda Mitchell and Hamidou Diarra, should not be dismissed for failure to prosecute. Dyles failed to respond to that order within the time prescribed. I find and conclude that the show cause order should be made absolute and that Dyles's cross-claims should be dismissed for want of prosecution pursuant to Fed.R.Civ.P. 41(b) & (c) and D.C.COLO.LCivR 41.1. THEREFORE, IT IS ORDERED as follows: 1. That the Order To Show Cause [#185] entered April 27, 2009, is MADE ABSOLUTE; and

2. That the First and Second Cross-Claims for Relief, asserted against codefendants, Linda Mitchell and Hamidou Diarra, in Defendant Kerry Dyles' Answer, Affirmative Defenses, Counterclaims, and Cross Claims to Plaintiff's Complaint and Jury Demand ¶¶ 115-135 at 16-20 [#33], filed March 9, 2007, are DISMISSED WITHOUT PREJUDICE for failure to prosecute. Dated May 12, 2009, at Denver, Colorado. BY THE COURT:

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