Calton v. JVM Sovereign Apartments, LLC

Filing 43

NOTICE AND ORDER TO SHOW CAUSE. The court orders JVM Sovereign Apartments, LLC to show cause why the claims against Creative Stucco & Stone, Inc. should not be dismissed, with prejudice, for lack of prosecution under Fed. R. Civ. P. 41(b). Show Cause Response due by 6/29/2018. Signed by Magistrate Judge James P. O'Hara on 06/19/2018. (tvn)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JOHN CALTON,
Plaintiff,
v.

Case No. 17-2739-DDC

JVM SOVEREIGN APARTMENTS, LLC,
Defendant and
Third-Party Plaintiff,
v.
DAVIS DEVELOPMENT, INC., et al.,
Third-Party Defendants.

NOTICE AND ORDER TO SHOW CAUSE
TO THE THIRD-PARTY PLAINTIFF, JVM SOVEREIGN APARTMENTS,
LLC:
On April 16, 2018, third-party plaintiff JVM Sovereign Apartments, LLC (“JVM”)
filed an amended third-party complaint (ECF No. 31). The record indicates summons of
the amended third-party complaint was executed on third-party defendant Creative Stucco
& Stone, Inc. (“CSS”) on May 13, 2018 (ECF No. 42-1). Pursuant to Fed. R. Civ. P. 12,
CSS’s response to this complaint was due within 21 days of service of the summons, i.e.,
on June 4, 2018.

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To date, CSS has not filed an answer to the amended third-party complaint and no
other action has been taken in this matter with respect to CSS. Therefore, the court orders
JVM to show cause in writing to the Honorable Daniel D. Crabtree, United States District
Judge, on or before June 29, 2018, why the claims against CSS should not be dismissed,
with prejudice, for lack of prosecution under Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated June 19, 2018, in Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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