Smith v. Rausch, Sturm, Israel, Enerson & Hornik, LLC et al

Filing 6

ORDER TO SHOW CAUSE: The plaintiff shall have until the close of business on May 10, 2012, to file a motion for clerk's entry of default or show cause why this case should not be dismissed as against Rausch, Sturm, Israel, Enerson & Hornik, LLC, for failure to prosecute. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY SMITH,
Plaintiff,
vs.
RAUSCH, STURM, ISRAEL, ENERSON
& HORNIK, LLC, and
EQUABLE ASCENT FINANCIAL, LLC
Defendants.

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8:12CV38
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 January
24, 2011. See Filing No. 1. The plaintiff filed a notice of executing a summons on one of

the two defendants February 10, 2012. 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 shall have until the close of business on May 10, 2012, to file a motion
for clerk’s entry of default or show cause why this case should not be dismissed as against
Rausch, Sturm, Israel, Enerson & Hornik, LLC, for failure to prosecute.
Dated this 26th day of April, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge