Auto Owners Insurance Company v. Hagler et al

Filing 16

MEMORANDUM AND ORDER, The Court dismisses the plaintiff's claims against McCully without prejudice. Signed by Judge J. Phil Gilbert on 2/28/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
AUTO OWNERS INSURANCE COMPANY,
Plaintiff,
v.

Case No. 13-cv-884-JPG-PMF

JOHN HAGLER, SUE HAGLER and RON
MCCULLEY d/b/a Ron’s Mobile Home Service,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Court’s January 17, 2014, order to show cause
why, in light of the plaintiff’s failure to request entry of default against the defendants, this case
should not be dismissed for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b)
and the Court’s inherent authority to manage its docket. See In re Bluestein & Co., 68 F.3d 1022,
1025 (7th Cir. 1995) (Doc. 13). In the interim, defendants John Hagler and Sue Hagler have
answered, making entry of default no longer appropriate. Thus, the order to show cause is
DISCHARGED as to the plaintiff’s claims against those defendants. However, defendant Ron
McCulley has not answered, and the plaintiff has not requested entry of default against him.
Further, the plaintiff’s response to the order to show cause (Doc. 14) does not indicate any good
reason not to dismiss the plaintiff’s claims against McCulley. Accordingly, the Court
DISMISSES the plaintiff’s claims against McCulley without prejudice for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41(b) and the Court’s inherent authority to manage its
docket. See In re Bluestein & Co., 68 F.3d 1022, 1025 (7th Cir. 1995).
IT IS SO ORDERED.
DATED: February 28, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE