Montana Trucks, LLC v. UD Trucks North America, Inc. et al

Filing 150

ORDER dismissing case with prejudice. All pending deadlines are VACATED and motions DENIED as MOOT. The jury trial set for November 13, 2017, is VACATED. Signed by Judge Donald W. Molloy on 9/18/2017. (Copy to Botsford and Byington.) (NOS)

Download PDF
FILED SEP 18 2017 Clerk, U.S Courts District Of Montana Missoula Division IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION MONTANA TRUCKS LLC, CV 12-23-M-DWM Plaintiff, ORDER vs. UD TRUCKS NORTH AMERICA INC, f/k!a NISSAN DIESEL AMERICA INC., and UD TRUCKS CORP., f/k!a NISSAN DIESEL MOTOR CO., LTD., Defendants. On August 14, 201 7, counsel for Plaintiff Montana Trucks LLC withdrew from this matter. (See Order Granting Leave, Doc. 148.) Montana Trucks was required to obtain new counsel within two weeks or face dismissal for failure to prosecute. (Id.) Montana Trucks did not do so, and an order was issued August 30, requiring Montana Trucks show good cause before September 13, 2017, as to why this matter should not be dismissed. (Doc. 149.) That Order was sent to the 1 principals of Montana Trucks, both electronically and physically. (See id.). Montana Trucks has not responded. This matter has been pending in either this Court or the Ninth Circuit Court of Appeal since February of2012. (See Doc. 1.) It has gone through a complete round of dispositive briefing, an appeal, and additional dispositive briefing on remand. Trial is currently set for November 13, 2017. (Sched. Or., Doc. 115.) Defendant UD America currently has a second motion for summary judgment pending, which became ripe on August 25, 2017. (See Doc. 142, 143.) Montana Trucks was given the opportunity to show cause that it is attempting to move this litigation forward. It has not done so. Rather, it has failed to prosecute this matter and comply with this Court's orders. Accordingly, IT IS ORDERED that the above-captioned action is DISMISSED WITH PREJUDICE. Fed. R. Civ. P. 41(b). All pending deadlines are VACATED and motions DENIED as MOOT. The jury trial set for November 13, 2017, is VACATED. IT IS FURTHER ORDERED that the Clerk of Court is directed to enter a judgment of dismissal and close the case file. The Clerk is also directed to send this Order and Judgment to the principals of Montana Trucks at: Randy Botsford 1212 Creek Crossing Road Missoula, MT 59802 2 Mark Byington 2046 South 8th Street West Missoula, MT 59801 ~ DATED this {'Oday of September, 2017. ollo , District Judge United Sta es Dis ict Court 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?