Mawhiney v. Skylark Meats

Filing 14

MEMORANDUM AND ORDER - This matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Richard G. Kopf. (Copy mailed to Mr. Robert Mawhiney, c/o Ms. Belinda Mawhiney, 12248 P Street Omaha, NE 68137) . (JAE)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ROBERT D. MAWHINEY, Plaintiff, v. SKYLARK MEATS, LLC, Defendant. ) ) ) ) ) ) ) ) ) 8:09CV421

MEMORANDUM AND ORDER

This matter is before the court on its own motion. On March 3, 2010, Defendant filed a Suggestion of Death, stating that Plaintiff "died on or about January 24, 2010." (Filing No. 12.) The court then entered a Memorandum and Order permitting Plaintiff's survivors until June 2, 2010, "to submit an appropriate motion for substitution." (Filing No. 13.) The court warned that "[i]f no motion is filed, this matter will be dismissed." (Id.) No motion for substitution has been filed. IT IS THEREFORE ORDERED that: 1. This matter is dismissed without prejudice.

2. A separate judgment will be entered in accordance with this Memorandum and Order. June 7, 2010. BY THE COURT: Richard G. Kopf United States District Judge