Baranowski v. Leuth et al
Filing
69
ORDER TO SHOW CAUSE. Signed by Judge David W. Dugan on 10/25/2024. (dsw)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRAD S. BARANOWSKI,
Plaintiff,
vs.
LORI KNOLL, JASON JUENGER,
SHERIFF OF RANDOLPH COUNTY,
ILLINOIS,
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Case No. 3:20-cv-1233-DWD
Defendants, et al.,
SHOW CAUSE ORDER
DUGAN, District Judge:
Presently pending is Defendants’ motion for summary judgment. (Doc. 64), along
with a Rule 56 Notice (Doc. 65). The Notice advised Plaintiff that failure to respond to the
motion could result in a judgment for Defendants and a dismissal of this case. Pursuant
to Local Rule 7.1(b)(1)(A), Plaintiff had thirty days from the date of service to file a
response to the motion. See SDIL-LR 7.1(b)(1)(A). That deadline has come and gone with
no communication from Plaintiff.
Federal Rule of Civil Procedure 41(b) provides that “[i]f the plaintiff fails to
prosecute or to comply with these rules or a court order, a defendant may move to
dismiss the action or any claim against it.” In dismissing a case for lack of prosecution,
the Seventh Circuit has indicated that a district court commits legal error “when it
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dismisses a suit ‘immediately after the first problem, without exploring other options or
saying why they would not be fruitful.’” Sroga v. Huberman, 722 F.3d 980, 982 (7th Cir.
2013) (quoting Johnson v. Chicago Bd. of Educ., 718 F.3d 731, 732-733 (7th Cir. 2013)). The
Court, therefore, ORDERS as follows:
Because of Plaintiff’s lack of participation in the case, the Court ORDERS Plaintiff
to SHOW CAUSE in writing on or before November 14, 2024, explaining why the case
should not be dismissed for failure to prosecute. In the alternative to responding to this
Order to Show Cause, Plaintiff can simply file a response to the motion for summary
judgment. Plaintiff is WARNED that the failure to either file a response to this Order to
Show Cause or to the pending motion for summary judgment will result in dismissal of
this action 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).
IT IS SO ORDERED.
DATED: October 25, 2024.
s/David W. Dugan
DAVID W. DUGAN
United States District Judge
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