Campbell v. Transgenomic, Inc., et al

Filing 12

ORDER TO SHOW CAUSE - IT IS ORDERED: Plaintiff has until May 31, 2017, to show cause why this case should not be dismissed for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge F.A. Gossett. (TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMPBELL V. TRANSGENOMIC,
INC., ET AL, Individually and on
Behalf of All Others Similarly
Situated,
Plaintiff,
v.
TRANSGENOMIC, INC., PAUL
KINNON, ROBERT M. PATZIG,
MYA THOMAE, MICHAEL A.
LUTHER, and
DOIT L. KOPPLER, II,
Defendants.

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4:17CV3021
ORDER TO
SHOW CAUSE

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.”
The plaintiff filed the instant Complaint on February 17, 2017. (Filing No. 1). On
March 3, 2017, the plaintiff filed Waivers of Service for each of the above-named
defendants. (Filing Nos. 4, 5, 6, 7, 8, 9, and 10). Each of the executed waivers provides
that each defendant must file and serve an answer or motion under Rule 12 within 60 days
of March 2, 2017, the date when the request was sent, or 90 days if the waiver was sent
outside the United States. There is no indication the waivers were sent outside the United
States. The waivers notified each defendant that a failure to answer or respond would
result in a default judgment.
More than 60-days has elapsed since the date the waiver requests were sent. To
date, no defendant has filed any responsive pleading and the plaintiff has taken no other
action against the defendants. It remains the plaintiff’s duty to go forward in prosecuting
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this case. The plaintiff may, for example, seek entry of default pursuant or voluntarily
dismiss the action, as appropriate. Under the circumstances, the plaintiff must make a
showing of good cause for failure to prosecute the case or this action must be dismissed.
Accordingly,

IT IS ORDERED:
Plaintiff has until May 31, 2017, to show cause why this case should not be
dismissed for failure to prosecute or take some other appropriate action.

DATED: May 15, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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