Mare v. Peters et al

Filing 25

MEMORANDUM AND ORDER - Plaintiff is given until December 19, 2008 in which to hire substitute counsel and have that attorney file an appearance in this case, or to show cause why this matter should not be dismissed for failure to comply with the cour t's orders, IN THE ABSENCE OF WHICH THIS CASE WILL BE SUBJECT TO DISMISSAL WITHOUT FURTHER NOTICE. Plaintiff is given until December 31, 2008 in which to respond to the pending motion to dismiss, filing 15 and to file the required corporate di sclosure statement or show cause why this matter should not be dismissed for failure to comply with the court's orders, IN THE ABSENCE OF WHICH THIS CASE WILL BE SUBJECT TO DISMISSAL WITHOUT FURTHER NOTICE. ( Show Cause Deadline set for 12/19/2008.) Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party and to former counsel as ordered)(GJG, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MARE, INC., Plaintiff, v. MARY E. PETERS, Secretary of the United States Department of Transportation, JOHN H. HILL, Administrator of the Federal Motor Carrier Safety Administration, and ELYSE MUELLER, Division Director of the Federal Motor Carrier Safety Administration, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

4:08CV3126

MEMORANDUM AND ORDER

Plaintiff's counsel has withdrawn, and the plaintiff, being a corporation, cannot by law represent itself in this court. Rather, it must proceed with an attorney. There are a number of pending matters for plaintiff's immediate attention, including (a) hiring an attorney and having that attorney file an appearance in this case; (b) responding to the pending motion to dismiss; and (c) filing the corporate disclosure statement. plaintiff does not hire an attorney, it cannot take the other actions. Failure to comply with the need for an attorney, therefore, may result in dismissal of this case. IT THEREFORE HEREBY IS ORDERED: 1. Plaintiff is given until December 19, 2008 in which to hire substitute counsel and have that attorney file an appearance in this case, or to show cause why this matter should not be dismissed for failure to comply with the court's orders, IN THE ABSENCE OF WHICH THIS CASE WILL BE SUBJECT TO DISMISSAL WITHOUT FURTHER NOTICE. If

2. The clerk shall send a copy of this memorandum and order to all known addresses of the plaintiff, by First Class Mail, postage paid. 3. The clerk shall also send a copy of this memorandum and order to former counsel of the plaintiff, with a request that former counsel forward a copy of it to any additional addresses of the plaintiff or its principals. Former counsel is also respectfully requested to provide such addresses to the court, if appropriate. 4. Plaintiff is given until December 31, 2008 in which to respond to the pending motion to dismiss, and to file the required corporate disclosure statement or show cause why this matter should not be dismissed for failure to comply with the court's orders, IN THE ABSENCE OF WHICH THIS CASE WILL BE SUBJECT TO DISMISSAL WITHOUT FURTHER NOTICE. DATED this 20th day of November, 2008. BY THE COURT: s/ David L. Piester United States Magistrate Judge

David L. Piester

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