Mitzel v. HSBC

Filing 24

ORDER that the plaintiff has until the close of business on September 28, 2011, 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. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EVELYN MITZEL,
f/k/a EVELYN FOX,
Plaintiff,
vs.
HSBC CARD SERVICES, INC.,
Defendant.

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8:10CV392
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.” The defendant removed this case from state court
on October 14, 2010, and filed a motion to dismiss on December 9, 2010. See Filing Nos.
1 and 13. On July 15, 2011, the court denied the motion to dismiss, but directed the plaintiff
to file an amended complaint. See Filing No. 21. On August 1, 2011, the plaintiff filed an
amended complaint. See Filing No. 22. Thereafter, the court directed the parties to file a
joint planning conference report by September 13, 2011. See Filing No. 23. 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 September 28, 2011, 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 20th day of September, 2011.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge