Jackson et al v. AML Construction & Design Group et al

Filing 46

ORDER TO SHOW CAUSE by Judge Philip A. Brimmer on 10/31/2017. ORDERED that, within thirty days of the date of this order, plaintiffs shall move for entry of default judgment or show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 41(b) and Local Rule 41.1 for their failure to prosecute. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 16-cv-01847-PAB-MEH
DAVID JACKSON,
KENNETH THOMAS,
JAVIER MORA-MONCADA,
GILDARDO MORA-MONCADA, and
JESUS OROZCO, on their own behalf and on behalf of all others similarly situated,
Plaintiffs,
v.
AML CONSTRUCTION & DESIGN GROUP and
ALEXANDER KENNEDY,
Defendants.
_____________________________________________________________________
ORDER TO SHOW CAUSE
_____________________________________________________________________
This matter is before the Court sua sponte. On November 8, 2016, the Clerk of
Court entered default against defendants AML Construction & Design Group and
Alexander Kennedy. Docket No. 23. Since that time, plaintiffs have not taken steps to
convert the entry of default into a default judgment or otherwise advance the case.
Federal Rule of Civil Procedure 41(b) allows the Court to dismiss a party’s claims
for failure to prosecute. See Rogers v. Andrus Transp. Servs., 502 F.3d 1147, 1151
(10th Cir. 2007). Additionally, D.C.COLO.LCivR 41.1 provides: “A judicial officer may
issue an order to show cause why a case should not be dismissed for failure to
prosecute or failure to comply with these rules, the Federal Rules of Civil Procedure, or
a court order. If good cause is not shown, a district judge or a magistrate judge

exercising consent jurisdiction may enter an order of dismissal with or without
prejudice.”
In light of plaintiffs’ apparent failure to continue to prosecute this case, it is
ORDERED that, within thirty days of the date of this order, plaintiffs shall move
for entry of default judgment or show cause why this case should not be dismissed
pursuant to Fed. R. Civ. P. 41(b) and Local Rule 41.1 for their failure to prosecute.

DATED October 31, 2017.
BY THE COURT:

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