Byrd et al v. Drive Electric, LLC et al

Filing 51

ORDERED that within 14 days of the date of this Order is served, plaintiffs shall file their motion for default judgment or show cause why this case should not be dismissed. ( Compliance due by 12/6/2016.). Signed by Magistrate Judge G. R. Smith on 11/22/16. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
RICHARD BYRD and AMANDA
BYRD,
Plaintiffs,
v.
DRIVE ELECTRIC, LLC, et al. ,
Defendants.

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CV415-120

ORDER
Plaintiffs sought -- and were granted -- a Clerk’s entry of default
against all defendants remaining in this case. Docs. 43 & 44 (as to
defendants Zone Electric Car LLC, Zone Electric Car USA LLC, Western
Golf Car Sales Co. Incorporated, Western Golf Car Manufacturing, Inc.,
and Lido Motors USA, Inc.), 48 & 50 (as to defendants Drive Electric
USA, LLC, and Drive Electric, LLC). However, no motion for default
judgment has since been filed. Instead, plaintiffs filed an amended
complaint. Doc. 49. It is unclear what the status of the case is, whether
the parties have reached a settlement, or whether plaintiffs will continue
to prosecute their case.
Within 14 days of the date this Order is served, plaintiffs shall

either: (1) file their motion(s) for default judgment or (2) otherwise show
cause why this case should not be dismissed on inactivity and, thus,
abandonment grounds. See Fed. R. Civ. P. 41(b); S.D. Ga. L.R. 41.1(c).;

Link v. Wabash R.R. Co. , 370 U.S. 626, 630-31 (1962) (courts have the
inherent authority to dismiss claims for lack of prosecution); Mingo v.

Sugar Cane Growers Co-op, 864 F.2d 101, 102 (11th Cir. 1989); Jones v.
Graham, 709 F.2d 1457, 1458 (11th Cir. 1983); Floyd v. United States ,
CV491-277 (S.D. Ga. June 10, 1992). Failure to respond to this Order
will result in a recommendation of dismissal of this action.

SO ORDERED, this 22nd day of November, 2016.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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