Revelstoke Custom Homes, LLC v. Farrell et al

Filing 47

ORDER finding as moot 40 Motion for Summary Judgment. Plaintiff's claims are dismissed with prejudice against the United States of America. The hearing on the motion scheduled for 1/10/2012 is vacated. The Court shall conduct an informal telep hone state conference with remaining parties (all parties except Revelstoke) on 1/5/2012 at 3:00 pm (MST). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

REVELSTOKE CUSTOM HOMES,
LLC, an Idaho limited liability company,
Plaintiff,

Case No. 2:10-cv-00599-BLW
ORDER

v.
TIM FARRELL and NANCY
FARRELL, husband and wife; UNITED
STATES OF AMERICA, acting through
the Rural Housing Service, an agency of
the United States Department of Interior;
HIGH MARK HEATING AND
COOLING, LLC, an Idaho limited,
liability company; BONNER
CONCRETE PRODUCTS, INC., an
Idaho corporations; DAVID W.
BUTTERFIELD, an individual;
INTERSTATE CONCRETE AND
ASPHALT COMPANY, an Idaho
corporation; STOCK BUILDING
SUPPLY, LLC, a Utah limited liability
company; EXCELL INSULATION,
INC., an Idaho corporation; DECRA
ROOFING & SEAMLESS
RAINGUTTERS, INC., an Idaho
corporation; and TODD GARRETT
JANSSEN, an individual doing business
as Three Amigos,
Defendants.

On November 18, 2011, the Court entered and Order granting counsel’s motion to

ORDER - 1

withdraw as counsel of record for Plaintiff Revelstoke Custom Homes, LLC. In that
Order, the Court explained that withdrawing counsel shall forthwith and with due
diligence serve all other parties and either personally serve copies of the Order upon
Plaintiffs or mail the Order by first class mail, return receipt requested. Counsel complied
with that Order and filed a proof of service with the Court on November 18, 2011.
The Court also explained that Plaintiffs would have twenty-one (21) days from the
filing of the proof of service by the withdrawing attorney to file written notice with the
Court stating how and by whom it would be represented. The Court stated that if
Plaintiffs failed to appear in this action through a newly appointed attorney within that
twenty-one (21) day period, such failure shall be grounds for dismissal of Plaintiffs’
claims with prejudice without further notice. The twenty-one (21) day period has
expired, and Plaintiffs have not made an appearance. Accordingly, the Court will dismiss
Plaintiffs’ claims with prejudice.
The Court will also set this case for an informal status conference with the
remaining parties (all parties except Revelstoke). The conference will be for the purpose
of discussing whether and how this case should proceed. It seems that, at the very least,
the case should be remanded to state court because Revelstoke’s claims against the
United States government have been dismissed. However, the Court would like to
discuss that matter with counsel before proceeding.
ORDER
IT IS ORDERED:
ORDER - 2

1.

Plaintiff’s claims are DISMISSED WITH PREJUDICE.

2.

The United States of America’s Motion for Summary Judgment (Dkt. 40) is
DEEMED MOOT. The hearing on the motion scheduled for January 10,
2012 is VACATED.

3.

The Court shall conduct an informal telephone status conference with the
remaining parties (all parties except Revelstoke) on January 5, 2012, at
3:00 p.m. Mountain Time. The Court requests that counsel for the Farrells
be responsible for setting up the call. Counsel may either initiate the
conference call or provide all parties and the Court with a dial-in conference
call number.

DATED: December 16, 2011

B. LYNN WINMILL
Chief U.S. District Court Judge

ORDER - 3