Lambert Vet Supply, LLC v. Martin et al

Filing 57

ORDER - The plaintiff has until the close of business on September 16, 2016, to show cause why this case should not be dismissed as against the defendants for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se parties) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

LAMBERT VET SUPPLY, LLC,
Plaintiff,

4:14CV3129

vs.
ORDER
CHRIS MARTIN; CHRIS MARTIN,
d/b/a Rapid Falls Vet;
FCE, INC.; and FEED BARN, INC.,
Defendants.
This matter comes before the court after a review of the court file 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 June 4, 2014. See Filing No. 1. On June 20, 2016, the assigned
magistrate judge recommended default be entered against each of the defendants
based on their failures to comply with court orders. See Filing No. 53. None of the
defendants responded to the recommendation and, on July 19, 2016, the court entered
an order directing the Clerk of Court to enter default against these defendants. See
Filing No. 55. The plaintiff has taken no other action against the defendants. It remains
the plaintiff’s duty to go forward in prosecuting the case against the defendants. The
plaintiff may, for example, file a motion for default judgment pursuant to Fed. R. Civ. P.
55(b) and NECivR 55.1 or voluntarily dismiss some or all of the

defendants, as

appropriate. Under the circumstances, the plaintiff must make a showing of good cause
for failure to prosecute the defendants or the action must be dismissed. Accordingly,
IT IS ORDERED:
The plaintiff has until the close of business on September 16, 2016, to show
cause why this case should not be dismissed as against the defendants for failure to
prosecute or take some other appropriate action.
Dated this 1st day of September, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge