Ondris v. B&T Financial Services, LLC

Filing 6

ORDER that the plaintiff has until the close of business on June 6, 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. (ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BETTY ONDRIS,
Plaintiff,
vs.
B&T FINANCIAL SERVICES, LLC,
Defendant.

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8:11CV70
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.” In this case the complaint was filed on February
21, 2011. See Filing No. 1. The plaintiff filed a notice of executing a summons on the

defendant on March 13, 2011. See Filing No. 5. 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 June 6, 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 23rd day of May, 2011.
BY THE COURT:

s/Thomas D. Thalken
United States Magistrate Judge