Reliable Marine Towing and Salvage LLC v. Thomas et al

Filing 30

ORDER. Plaintiff shall file its final papers for dismissal of Defendant John Thomas on or before November 13, 2017. Signed by Judge Sheri Polster Chappell on 10/30/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
RELIABLE MARINE TOWING AND
SALVAGE LLC, successor in interest to
Cheryl Smith,
Plaintiff,
v.

Case No: 2:17-cv-430-FtM-99CM

JOHN THOMAS and STATE FARM
FIRE AND CASUALTY COMPANY,
Defendants.
/
ORDER1
This matter comes before the Court on an Order to Show Cause (Doc. 22) entered
on October 16, 2017, directing Plaintiff to show cause why the case against Defendant
John Thomas (Thomas) should not be dismissed for failure to prosecute due to the nonfiling of a request for Clerk’s Default. Plaintiff’s Response (Doc. 28), and Consent to
Judgment (Doc. 29) essentially indicates a settlement has been reached with Thomas;
therefore, the Court expects the appropriate dismissal documents to be filed shortly. As
Thomas has not yet appeared in this matter, Plaintiff may file a notice of voluntary
dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). To the extent Plaintiff

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is requesting the entry of judgment against Thomas, Plaintiff shall file an appropriate
motion, including a memorandum of law, as to whether the entry of judgment against a
party who has not appeared in an action is proper. The Court will take no further action
on its Order to Show Cause (Doc. 22) pending Plaintiff’s filing.
Accordingly, it is now
ORDERED:
Plaintiff shall file its final papers for dismissal of Defendant John Thomas on or
before November 13, 2017.
DONE and ORDERED in Fort Myers, Florida this 27th day of October, 2017.

Copies: All Parties of Record

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