Walden v. Metropolitan Life Insurance, Inc. et al

Filing 64

ORDER re: 62 Order to Show Cause, 63 Certificate of Compliance filed by Metropolitan Life Insurance Company of America, Inc. On September 1, 2015, Defendant filed a Certificate of Compliance indicating that it had provided a copy of the Or der to Show Cause to attorney Jeff Winslow. No response was filed by Mr. Winslow or anyone else on behalf of Plaintiff. Accordingly, I find that this case must be dismissed without prejudice for failure to prosecute. It is therefore ORDERED that this case is DISMISSED WITHOUT PREJUDICE, by Judge Wiley Y. Daniel on 12/21/2015. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-03302-WYD-MJW
MICHAEL D. WALDEN,
Plaintiff,
v.
METROPOLITAN LIFE INSURANCE COMPANY OF AMERICA, INC., a New York
corporation transacting business in Colorado, a/k/a MetLife, Inc.;
Defendant.

ORDER OF DISMISSAL

This matter is before the Court in connection with the Order to Show Cause
issued August 28, 2015 (ECF No. 62). As noted in that Order, this is an ERISA case.
The deadline for filing the opening brief was May 15, 2015, with deadlines in June and
July for the response and reply. On April 7, 2015, Defendant filed a Statement Noting
Death, noting the death of both the named Plaintiff and his attorney of record, Benjamin
Silva. The Statement indicated that defense counsel had been communicating with
attorney Jeff Winslow on behalf of the Plaintiff, but that Mr. Winslow had not entered an
appearance or taken any action in this case.
Based on the foregoing, the Order to Show Cause found that the case is not
currently being prosecuted on behalf of the Plaintiff, and that dismissal of the case may
be appropriate. Plaintiff’s legal representative was directed to show cause why this case
should not be dismissed for failure to prosecute. Defendant was directed to serve a copy

of this Order on Mr. Winslow and any other known representative of the Plaintiff to
ensure that notice on behalf of Plaintiff is received. The Order to Show Cause
specifically stated that if no response to the Order was received by a representative of
Plaintiff by September 25, 2015, the case would be dismissed without prejudice without
further notice.
On September 1, 2015, Defendant filed a Certificate of Compliance indicating that
it had provided a copy of the Order to Show Cause to attorney Jeff Winslow. No
response was filed by Mr. Winslow or anyone else on behalf of Plaintiff. Accordingly, I
find that this case must be dismissed without prejudice for failure to prosecute. It is
therefore
ORDERED that this case is DISMISSED WITHOUT PREJUDICE.

Dated: December 21, 2015

BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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