Niemeyer v. Store Kraft Manufacturing Company

Filing 14

MEMORANDUM AND ORDER - This matter is dismissed without prejudice pursuant to the terms of the court's prior order (filing 13 ). Judgment shall be entered by separate document. Ordered by Judge Richard G. Kopf. (JAB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA DANIEL D. NIEMEYER, Plaintiff, v. STORE KRAFT MANUFACTURING COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) )

4:09CV3201

MEMORANDUM AND ORDER

On November 23, 2009, I ordered Plaintiff to file an amended complaint and evidence on or before December 7, 2009, establishing either (a) that Plaintiff has exhausted his administrative remedies pursuant to the terms of the ERISA-governed Store Kraft benefit plan at issue, or (b) that Plaintiff had a legally sufficient reason for failing to do so, in the absence of which this matter would be dismissed without prejudice. (Filing 13.) Plaintiff has failed to comply with the court's November 23, 2009, order. Therefore, this matter shall be dismissed without prejudice pursuant to the terms of that order. IT IS ORDERED: 1. This matter is dismissed without prejudice pursuant to the terms of the court's prior order (filing 13). 2. Judgment shall be entered by separate document.

DATED this 15th day of December, 2009. BY THE COURT: Richard G. Kopf United States District Judge

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