Lobato-Wright et al v. Manjarres et al

Filing 120

ORDER. ORDERED: This case is dismissed with prejudice and judgment shall enter in favor of defendant on all of plaintiffs' claims. Within 14 days of the entry of judgment, defendant may have his costs by filing a bill of costs with the Clerk of the Court. This case is closed, by Judge Philip A. Brimmer on 3/2/18. (sgrim, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-02957-PAB-MJW
STANLEY CREIGHTON LOBATO-WRIGHT and
TODD ANTHONY LOBATO-WRIGHT,
Plaintiffs,
v.
GERRITT KOSER,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter comes before the Court on its order to show cause [Docket No. 119].
On November 30, 2017, defendant Gerritt Koser filed a motion for summary judgment.
Docket No. 108. On December 20, 2017, the Court granted plaintiffs an extension of
time to respond to the motion for summary judgment. Docket No. 110. On January 2,
2018, plaintiffs’ counsel filed a motion to withdraw and plaintiffs filed a second motion
for an extension of time. Docket Nos. 111, 112. The Court granted the second motion
for an extension of time, allowing plaintiffs until February 5, 2018 to respond to the
summary judgment motion. Docket No. 114. On January 16, 2018, Magistrate Judge
Michael J. Watanabe allowed plaintiffs’ counsel to withdraw and reminded plaintiffs of
the February 5, 2018 deadline for their response to the motion for summary judgment.
Docket No. 118. Plaintiffs did not respond to the motion for summary judgment or seek
an extension to do so. On February 16, 2018, the Court ordered plaintiffs to show
cause by February 27, 2018 why the case should not be dismissed pursuant to Fed. R.

Civ. P. 41(b) and D.C.COLO.LCivR 41.1. Docket No. 119 at 2. In addition to m ailing a
copy of the order to plaintiffs’ address of record, the Court emailed its order to plaintiffs.
Id. at 2-3. There has been no indication that plaintif fs did not receive the Court’s
February 16, 2018 order, such as a letter returned as undeliverable.
Plaintiffs have not responded to the order to show cause. Because plaintiffs
have failed to show cause why this case should not be dismissed for failure to
prosecute, the Court will dismiss this case pursuant to Fed. R. Civ. P. 41(b) and
D.C.COLO.LCivR 41.1.
Accordingly, it is
ORDERED that this case is dismissed with prejudice and judgment shall enter in
favor of defendant on all of plaintiffs’ claims. It is further
ORDERED that, within 14 days of the entry of judgment, defendant may have his
costs by filing a bill of costs with the Clerk of the Court. It is further
ORDERED that this case is closed.

DATED March 2, 2018.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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