Nelson v. Signor Trucking et al

Filing 38

MEMORANDUM AND ORDER - This matter is before the court on its own motion. Plaintiff shall have 20 days in which to show cause why this matter should not be dismissed with prejudice pursuant to the documents filed by Defendants, which appear to be a settlement agreement signed by Plaintiff and motion to dismiss with prejudice signed by Plaintiff. In the absence of a response by Plaintiff, the court will dismiss this matter with prejudice and without further notice. ***Pro Se Case Management Deadline set for 8/31/2011: Deadline for Plaintiff to Show Cause.) Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINDA NELSON,
Plaintiff,
v.
SIGNOR TRUCKING, Inc., SIG
ENTERPRISES, Inc., NORFOLK
DIESEL REPAIR, Inc., US HEAVY
HAUL, Inc., and KEVIN SIGNOR,
Defendants.

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4:10CV3081

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On June 22, 2011,
Defendants filed a “Notice of Settlement” in this matter. (Filing No. 37.) In the
Notice, Defendants represent that Plaintiff executed a document entitled
“SETTLEMENT AND RELEASE OF ALL CLAIMS” on March 5, 2011. (Id. at
CM/ECF p. 1.) Defendants also represent that Plaintiff signed a Motion to Dismiss
With Prejudice on March 5, 2011, which she provided to counsel for Defendants, but
neglected to file in this court. (Id.) Defendants attached the purported settlement
agreement and motion to dismiss to their Notice. (See Id. at CM/ECF pp. 3-7.)
Plaintiff has not responded in any way to Defendants’ Notice of Settlement.
IT IS THEREFORE ORDERED that:
1.
Plaintiff shall have 20 days in which to show cause why this matter
should not be dismissed with prejudice pursuant to the documents filed by
Defendants, which appear to be a settlement agreement signed by Plaintiff and motion
to dismiss with prejudice signed by Plaintiff. In the absence of a response by Plaintiff,
the court will dismiss this matter with prejudice and without further notice.

2.
The clerk’s office is directed to set a pro se case management deadline
in this matter using the following text: August 31, 2011: Deadline for Plaintiff to
Show Cause.
DATED this 11th day of August, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties
or their Web sites. The court accepts no responsibility for the availability or
functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion of the court.
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