Zimmermann et al v. Wobig et al

Filing 27

Judge Michael A Ponsor: ORDER REGARDING REMAINING DEFENDANTS entered. As follows: Plaintiffs counsel is hereby ordered to report to the court, in writing, no later than November 15, 2010 as to how, if at all, they intend toproceed against Defendants Wobig and AVW. Absent such a report, the court will dismiss the claims against these two Defendants sua sponte and close this case.It is So Ordered. See the attached order for complete details. (Lindsay, Maurice)

Zimmermann et al v. Wobig et al

Doc. 27

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ANDREW ZIMMERMANN and KELLY ZIMMERMANN, as Class Representatives for the certified ZIMMERMANN ACTION CLASSES, Plaintiffs v. ARTHUR WOBIG and AVW, INC., Defendants ) ) ) ) ) ) ) ) ) ) )

C.A. NO. 09-cv-30193-MAP

ORDER REGARDING REMAINING DEFENDANTS October 27, 2010 PONSOR, D.J. On July 8, 2010, the court issued its Memorandum and Order allowing the Motion to Dismiss of defendants GTG Enterprises, Ltd. and Dominic Salzone (Dkt. No. 25.). memorandum indicated that, at that time, four other Defendants remained in the case but that the court would not dismiss their claims sua sponte. On July 27, 2010, the court allowed Plaintiffs' Motion to Dismiss two of the four remaining Defendants, Kurt Meyer and Von Meyer, Ltd. (Dkt. No. 26). At this time, therefore, No The

only two Defendants remain, Arthur Wobig And AVW, Inc. appearance has been filed on behalf of either of these

Defendants and no responsive pleadings have been filed on their behalf. The lingering presence of these two

Dockets.Justia.com

apparently unrepresented Defendants prevents the court from closing the case and permitting Plaintiffs to proceed with an appeal, if they desire. Based on the foregoing, Plaintiffs' counsel is hereby ordered to report to the court, in writing, no later than November 15, 2010 as to how, if at all, they intend to proceed against Defendants Wobig and AVW. Absent such a

report, the court will dismiss the claims against these two Defendants sua sponte and close this case. It is So Ordered. /s/ Michael A. Ponsor MICHAEL A. PONSOR U. S. District Judge

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