American National Property and Casualty Company v. Uscier et al

Filing 90

ORDER DISMISSING CLAIMS AND ADMINISTRATIVELY CLOSING CASE by Judge Christine M. Arguello on 11/16/12. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 09-cv-02053-CMA-MJW
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY,
a Missouri corporation,
Plaintiff,
v.
JEFFERY H. USCIER, an individual,
JEFF USCIER AGENCY, INC., a Colorado corporation,
KENNETH R. FARRAR, an individual, and
TEAM INSURANCE COLORADO, LLC, a Colorado limited liability company,
Defendants.

ORDER DISMISSING PLAINTIFF’S CLAIMS AGAINST
DEFENDANT TEAM INSURANCE COLORADO, LLC
AND ADMINISTRATIVELY CLOSING CASE

This matter is before the Court sua sponte. Plaintiff American National Property
and Casualty Company initiated this action on August 27, 2009 by filing a Verified
Complaint. (Doc. # 1.) On November 11, 2010, Plaintiff filed a Motion for Entry of
Default Against Defendant Team Insurance Colorado (Doc. # 76), and the Clerk of the
Court filed an Entry of Default (Doc. # 88) against Defendant Team Insurance on March
14, 2011. However, Plaintiff never filed a motion requesting default judgment, and on
October 24, 2012, this Court entered a Text Entry Order to Show Cause (Doc. # 89),
ordering Plaintiff to file a motion for default judgment against Defendant Team
Insurance no later than November 7, 2012. To date, Plaintiff has not filed a motion
for default judgment or otherwise responded to this Court’s Order to Show Cause.

Under Federal Rule of Civil Procedure 41(b), a district court may dismiss a case
sua sponte. See Rogers v. Andrus Transp. Servs., 502 F.3d 1147, 1161 (10th Cir.
2007) (dismissing sua sponte under Rule 41(b) for failure to prosecute).
On November 8, 2010, pursuant to a Suggestion of Bankruptcy (Doc. # 74), filed
November 3, 2010, Magistrate Judge Watanabe issued a Minute Order (Doc. # 75)
staying this case as to Defendant Farrar.
On December 10, 2010, this Court approved the Settlement Agreement between
Plaintiff and Defendants Jeffery H. Uscier and Jeff Uscier Agency, Inc., terminating the
Uscier Defendants as parties in this case (Doc. # 82).
Accordingly, IT IS ORDERED that Plaintiff’s claims against Defendant Team
Insurance Colorado are DISMISSED WITHOUT PREJUDICE, pursuant to Rule 41(b)
for Plaintiff’s failure to prosecute.
IT IS FURTHER ORDERED that this case be ADMINISTRATIVELY CLOSED,
subject to reopening by Plaintiff upon filing with this Court either (1) an order from the
United States Bankruptcy Court for the District of Colorado (Case No. 10-37788-MER)
granting relief from the automatic stay OR (2) a notice that the bankruptcy case has
been dismissed without a discharge of this obligation having been granted.
DATED: November

16

, 2012
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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