Essex Insurance Company v. SEGA Ventures, LLC et al

Filing 74

ORDER directing the plaintiff to respond to this Order within seven days and SHOW CAUSE why this case should not be dismissed for failure to prosecute. (Show Cause Response due by 5/1/2019.) Signed by Magistrate Judge Christopher L. Ray on 4/24/19. (jrb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ESSEX INSURANCE COMPANY,
Plaintiff,
v.
SEGA VENTURES, LLC, et al.
Defendants.

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CV413-253

ORDER
In 2015, the District Judge resolved plaintiff’s summary judgment
motion. Doc. 71. After three years passed without any activity, he directed
plaintiff to explain the lack of action or face dismissal. Doc. 72. Plaintiff
timely responded and indicated its contention that several issues left open by
the disposition of its summary judgment motion could not be addressed
before the conclusion of underlying state litigation. See doc. 73. That report
reflected counsel’s expectation that the underlying case would “be tried in
August of 2018” and, pending that disposition, plaintiff would “renew is [sic]
summary judgment motion.” Id. at 2.
Another year has passed without any discernable activity in this case.
Accordingly, plaintiff is DIRECTED to respond to this Order within seven
days and SHOW CAUSE why this case should not be dismissed for failure

to prosecute. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co., 370 U.S.
626, 630-31 (1962) (recognizing courts’ power “to clear their calendars of
cases that have remained dormant because of the inaction or dilatoriness of
the parties seeking relief.”). If the underlying litigation remains pending,
plaintiff’s response should explain the progress of that litigation and provide
an updated expectation of its conclusion.
SO ORDERED, this 24th day of April, 2019.
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HRISTOPHER
HE
CHRISTOPHER L. RAY
NITED
T JU
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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