24 Hour Fitness USA v. Benak
ORDER TO SHOW CAUSE - The parties shall have to on or before December 12, 2012, to show cause why this case should not be dismissed, without prejudice. Ordered by Magistrate Judge Thomas D. Thalken. (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
24 HOUR FITNESS USA, INC.,
This matter is before the court on the separate status reports filed by the parties.
On July 13, 2012, the court stayed proceedings and required the parties to file a joint status
report within ninety days, such report to include whether the stay should continue. The
plaintiff states it “has no objection to the Court dismissing this matter under Fed. R. Civ.
P. 41(a)(2).” See Filing No. 18. The defendant did not respond to the plaintiff’s statement
but states she “intends to move for recovery of reasonable attorney’s fees as sanctions.”
See Filing No. 19. Accordingly, it appears this case may be dismissed, despite the
IT IS ORDERED:
The parties shall have to on or before December 12, 2012, to show cause why this
case should not be dismissed, without prejudice.
Dated this 16th day of November, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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