Omaha Construction Industry Pension Plan et al v. BN Service, Inc.

Filing 13

ORDER - The plaintiffs have until the close of business on August 6, 2012, to file a motion for clerk's entry of default or show cause why this case should not be dismissed for failure to prosecute. Show Cause Deadline set for 8/6/2012.Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OMAHA CONSTRUCTION INDUSTRY
)
PENSION PLAN, Board of Trustees,
)
and NORTH CENTRAL STATES
)
REGIONAL COUNCIL OF CARPENTERS, )
)
Plaintiffs,
)
)
vs.
)
)
BN SERVICE, INC.,
)
)
Defendant.
)

8:12CV85
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
28, 2012. See Filing No. 1. The plaintiffs filed notice of executing a summons on the

defendant on April 4, 2012. See Filing No. 12. No other progress has taken place in this
matter. It remains the plaintiffs’ 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 plaintiffs have until the close of business on August 6, 2012, 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 16th day of July, 2012.
BY THE COURT:

s/Thomas D. Thalken
United States Magistrate Judge