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)

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
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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
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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

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