Sudduth v. Greenpoint Mortgage Funding LLC

Filing 14

ORDER dismissing case without prejudice by Judge Christine M. Arguello on 6/14/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 13-cv-00024-CMA-BNB
DAVID SUDDUTH,
Plaintiff,
v.
GREENPOINT MORTGAGE FUNDING LLC, and
All persons unknown, claiming any legal or equitable right, title, estate, lien, or
interest in the property described in the Complaint adverse to Plaintiff’s title, or
any cloud on Plaintiff’s title thereto, and
DOES 1-20, inclusive,
Defendants.

ORDER DISMISSING CASE FOR FAILURE TO SHOW CAUSE

This matter is before the Court pursuant to the Court’s May 16, 2013 Order to
Show Cause. (Doc. # 8.) On that date the Court ordered Plaintiff to “show cause in
writing on or before 05/30/2013 as to why this case should not be dismissed for failure
to prosecute.” (Id.) Plaintiff failed to show cause but, instead, filed a Notice of Stay in
which he requested the Court to stay all actions and decisions in this case, retroactive
to January 4, 2013 (the date on which he filed this case), pursuant to Colo. R. Civ. P. 62.
(Doc. # 9.) The Court deemed that notice insufficient to discharge the show cause
order; however, the Court extended the deadline for Plaintiff to show cause until June
10, 2013. (Doc. # 10.) Rather than responding to the show cause order, Plaintiff filed a
motion for default and default judgment. (Doc. # 11.) The Clerk’s Office reviewed the

motion and determined that default would not enter because, among other infirmities in
Plaintiff’s motion, “no proof of service has been filed.” (Doc. # 13.) Accordingly, the
Court finds that, as Plaintiff has not demonstrated proper service, he has failed to
comply with the Court’s show cause order.
Therefore, it is ORDERED that this case is DISMISSED WITHOUT PREJUDICE
for Plaintiff’s failure to show cause as to why this case should not be dismissed for
failure to prosecute.
DATED: June

14 , 2013
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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