Auto Owners Insurance Company v. Hagler et al

Filing 23

MEMORANDUM AND ORDER, granting 17 MOTION to Reinstate filed by Auto Owners Insurance Company. Signed by Judge J. Phil Gilbert on 3/27/21014. (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 plaintiff’s motion to reinstate its claim against
defendant Ron McCulley (Doc. 17). The Court dismissed McCulley from this case without
prejudice because the plaintiff had not requested entry of default despite McCulley’s failure to
timely respond to the Complaint. The plaintiff represents that it need to have an active claim in
order to settle with McCulley, and promises to request entry of default within ten days should the
Court reinstate the claim against McCulley.
The Court GRANTS the motion (Doc. 17), REINSTATES the plaintiff’s claims against
McCulley, and WARNS the plaintiff that if it does not request entry of default within ten days of
reinstatement of the claims, the Court may dismiss the claims against McCulley with 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: March 27, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE