United States of America v. Deutsch et al

Filing 18

ORDER - The plaintiff has until the close of business on November 21, 2012, to file a motion for clerk's entry of default or show cause why this case should not be dismissed for failure to prosecute. Ordered by Magistrate Judge Thomas D. Thalken. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
MICHELLE J. DEUTSCH,
)
JOSEPH F. CHILEN, Trustee,
)
BLUE VALLEY COMMUNITY
)
ACTION, INC., Beneficiary,
)
STATE OF NEBRASKA DEPARTMENT )
OF HEALTH AND HUMAN SERVICES
)
CHILD SUPPORT ENFORCEMENT
)
DIVISION, JONATHAN R. PUNKO, and )
NANCY MAHLOCH, Guardian Ad Litem, )
)
Defendants.
)

4:12CV3163
ORDER

This matter is before the court sua sponte, and pursuant to NECivR 41.2, which
states in pertinent part: “At any time, a case not being prosecuted with reasonable
diligence may be dismissed for lack of prosecution.” In this case the complaint was filed
on August 3, 2012, with an amended complaint filed on August 29, 2012. See Filing Nos.
1 and 8. The plaintiff filed summonses returned executed by waiver of service mailed on
August 3, 2012, for Blue Valley Community Action, Inc. and Joseph F. Chilen. See Filing
Nos. 4 and 5. On September 4, 2012, the plaintiff filed notice of executing a summons on
the defendant State of Nebraska Department of Health and Human Services Child Support
Enforcement Division. See Filing No. 11. Such defendant filed a Disclaimer and Waiver
of Appearance and Notice. See Filing No. 12. The plaintiff has also filed summonses
returned executed by waiver of service mailed August 29, 2012, for Jonathan R. Punko,
Nancy Mahloch, and Michelle J. Deutsch. See Filing Nos. 13, 14, and 17.
In any event, none of the defendants have entered an appearance or filed a timely
answer and no other progress has taken place in this matter. It remains the plaintiff’s duty
to go forward in prosecuting the case by, for example, filing a motion for clerk’s entry of

default pursuant to Fed. R. Civ. P. 55 and NECivR 55.1(a), as appropriate. Upon
consideration,

IT IS ORDERED:
The plaintiff has until the close of business on November 21, 2012, to file a motion
for clerk’s entry of default or show cause why this case should not be dismissed for failure
to prosecute.
Dated this 5th day of November, 2012.
BY THE COURT:

s/ Thomas D. Thalken
United States Magistrate Judge

2