Ondris v. B&T Financial Services, LLC

Filing 20

MEMORANDUM AND ORDER - Plaintiff has until November 11, 2011, to file a status report or show cause why this case should not be dismissed for failure to prosecute. The clerk's office is directed to mail a copy of this Memorandum and Order to Pl aintiff at the address listed on the docket sheet, and also to Defendant at B&T Financial Services, LLC / 14025 Bromfield Road / Germantown, MD 20874. The court directs the clerk's office to set the following pro se case management deadline: November 11, 2011: Deadline for Plaintiff to file a status report or show cause why this case should not be dismissed for failure to prosecute. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BETTY ONDRIS,

)
)
Plaintiff,
)
)
v.
)
)
B&T FINANCIAL SERVICES, LLC, )
)
Defendant.
)

8:11CV70

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Nebraska Civil Rule 41.2
states in pertinent part that “[a]t any time, a case not being prosecuted with reasonable
diligence may be dismissed for lack of prosecution.” In this case, Plaintiff filed her
Complaint on February 21, 2011. (Filing No. 1.) A Clerk’s Entry of Default was
entered against Defendant on June 6, 2011. (Filing No. 8.) Thereafter, Plaintiff filed
a Notice of Settlement (filing no. 9), and then a Motion to Extend Time to File a Joint
Stipulation of Dismissal (filing no. 11.) The court gave the parties until August 15,
2011, to file a joint stipulation for dismissal. (See text entry on July 11, 2011.)
However, the parties never filed a joint stipulation for dismissal, and Plaintiff’s
counsel withdrew from this case on September 19, 2011. (Filing No. 18.) No other
progress has taken place in this matter. Upon consideration,
IT IS THEREFORE ORDERED that:
1.
Plaintiff has until November 11, 2011, to file a status report or show
cause why this case should not be dismissed for failure to prosecute.
2.
The clerk’s office is directed to mail a copy of this Memorandum and
Order to Plaintiff at the address listed on the docket sheet, and also to Defendant at
B&T Financial Services, LLC / 14025 Bromfield Road / Germantown, MD 20874.

3.
The court directs the clerk’s office to set the following pro se case
management deadline: November 11, 2011: Deadline for Plaintiff to file a status
report or show cause why this case should not be dismissed for failure to prosecute.
DATED this 26th day of October, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

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U.S. District Court for the District of Nebraska does not endorse, recommend,
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or their Web sites. The court accepts no responsibility for the availability or
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