Nelson et al v. Acorn Stair & Woodwork, Inc. et al

Filing 30

ORDER OF PARTIAL DISMISSAL -..... IT IS HEREBY ORDERED that plaintiffs' claims against defendant Acorn Stair & Woodwork, Inc. are DISMISSED without prejudice., Acorn Stair & Woodwork, Inc. terminated. Signed by District Judge Charles A. Shaw on 5/18/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TERRY M. NELSON, RENEE BALL,
JOHN W. FISCHER, SCOTT BYRNE,
KEN STRICKER, MIKE GOULD,
ALBERT BOND, ROBERT CALHOUN,
KEVIN HAMILTON, MICHAEL T.
THUSTON, DONALD BRUSSEL, JR.,
BIAN PALUCH, KEVIN BYRNE, in their
representative capacities as trustees of the
Carpenters Pension Trust Fund of St. Louis;
CARPENTERS PENSION TRUST FUND
OF ST. LOUIS,
Plaintiffs,

v.
ACORN STAIR & WOODWORK, INC.,
LAWRENCE E. PECOR, IV, and
AS & W, LLC,
Defendants.

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No. 4:15-CV-1200 CAS

ORDER OF PARTIAL DISMISSAL
Upon review of the Court file, the Court finds that plaintiffs have failed to comply with the
Court’s Order dated December 1, 2015, which directed plaintiffs to file, on or before December 15,
2015, a motion for default judgment as to defendants AS & W, LLC and Acorn Stair & Woodwork,
Inc.1 Plaintiffs were warned that failure to comply would result in dismissal of these parties without
prejudice. Plaintiffs requested and were granted three extensions of time to file for default judgment,
until April 11, 2016. On April 12, 2016, defendant AS & W, LLC filed an unopposed motion for
leave to file its answer out of time, which the Court granted. Plaintiffs, however, never filed a
motion for default judgment as to defendant Acorn Stair & Woodwork, Inc. Rule 41(b) of the
1

Lawrence E. Pecor, IV was not named as a defendant in plaintiffs’ First Amended
Complaint. He is no longer a party to this suit.

Federal Rules of Civil Procedure permits the Court to dismiss a case for failure to prosecute or to
comply with a Court Order.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ claims against defendant Acorn Stair &
Woodwork, Inc. are DISMISSED without prejudice.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 18th

day of May, 2016.

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