Trustees of Central Laborers' Pension, Welfare & Annuity Funds v. R. B. Bush Contracting, Inc.

Filing 12

MEMORANDUM AND ORDER, The Court denies without prejudice the motion for default judgment (doc. 9 ) and issues a show cause order. Show cause response due on or before 3/21/2014. Signed by Judge J. Phil Gilbert on 3/4/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TRUSTEES OF CENTRAL LABORERS’
PENSION, WELFARE & ANNUITY FUNDS,
Plaintiff,

Case No. 12-cv-776-JPG-SCW

v.
R.B. BUSH CONTRACTING, INC.,
Defendant.

MEMORANDUM AND
ORDER TO SHOW CAUSE
This matter comes before the Court for case management purposes. On December 4,
2013, Judge William D. Stiehl directed the plaintiff to supplement its motion for default judgment
but did not set a deadline for that supplement (Doc. 10). On February 4, 2014, the Court set a
deadline of February 28, 2014, for the plaintiff to file its supplement and warned that the Court
would deny the motion for default judgment without prejudice if no supplement was filed. The
plaintiff has not filed a supplement as ordered. Accordingly, the Court DENIES without
prejudice the motion for default judgment (Doc. 9). The Court further ORDERS the plaintiff to
SHOW CAUSE on or before March 21, 2014, why the Court should not construe the failure to file
a supplement as an intent to abandon this case and why the Court should not dismiss this case for
lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
DATED: March 4, 2014
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE