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

Filing 16

ORDER- The plaintiffs shall take appropriate action against the defendant or show cause why this case should not be dismissed for failure to prosecute on or before the close of business September 10, 2012. Show Cause Deadline set for 9/10/2012. Ordered by Magistrate Judge Thomas D. Thalken. (Copies mailed )(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, 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.” On July 26, 2012, a clerk’s entry of default was
entered against the defendant. See Filing No. 15. The defendant failed to enter an
appearance or seek the clerk’s entry of default be set aside. Further, the plaintiffs failed
to take any additional action against the defendant.
In any event, it remains the plaintiffs’ duty to go forward in prosecuting the case by,
for example, filing a motion for entry of judgment against the defendant, pursuant to Fed.
R. Civ. P. 55(b) and NECivR 55.1(b) or (c). Alternatively, the plaintiffs may voluntarily
dismiss the action against the defendant pursuant to Fed. R. Civ. P. 41(a) or be subject to
involuntary dismissal pursuant to Fed. R. Civ. P. 41(b). Upon consideration,

IT IS ORDERED:
The plaintiffs shall take appropriate action against the defendant or show cause why
this case should not be dismissed for failure to prosecute on or before the close of
business September 10, 2012.
DATED this 27th day of August, 2012.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge