Continental Western Insurance Company v. Road Builders Machinery & Supply Company et al

Filing 10

ORDER - Plaintiff is given twenty days to show cause, why this case should not be dismissed for failure to comply with Fed. R. Civ. P. 4(m), and/or want of prosecution. Ordered by Magistrate Judge Cheryl R. Zwart. (JAE)

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA C O N T IN E N T A L WESTERN IN S U R A N C E COMPANY, an Iowa C o r p o r a tio n , as subrogee of JRP Farms, In c ., Plaintiff, V. R O A D BUILDERS MACHINERY & S U P P L Y COMPANY, a Kansas C o rp o ra tio n , KOMATSU AMERICA C O R P O R A T IO N , a Georgia c o rp o ra tio n , and KOMATSU, LTD., a f o re ig n corporation, D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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ORDER

T h is matter is before the court on its own motion. The court file discloses that the co m p lain t in this matter was filed on February 1, 2010, but there is nothing of record in d ic a tin g the defendants were served, and neither defendant has entered an appearance.

IT THEREFORE IS ORDERED that Plaintiff is given twenty days to show cause, w h y this case should not be dismissed for failure to comply with Fed. R. Civ. P. 4(m), and/or w a n t of prosecution.

D A T E D this 3 r d day of June, 2010. B Y THE COURT: S / Cheryl R. Zwart United States Magistrate Judge