Lund v. Matthews et al

Filing 36

ORDER that the plaintiff has until the close of business on February 28, 2014, to show cause why this case should not be dismissed as against the defendant Sidney Medical Associates for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge Thomas D. Thalken. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

ALEXANDER LUND,
Plaintiff,

8:13CV144

vs.

ORDER

MICHAEL MATTHEWS, M.D.,
SIDNEY MEDICAL ASSOCIATES,
and CHEYENNE COUNTY
HOSPITAL ASSOCIATION, INC.,
Defendants.

This matter comes before the court after a review of the court file 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 May 3, 2013. See Filing No. 1. On May
24, 2013, the plaintiff sought and received summonses for all three defendants. See
Filing Nos. 3-4. On June 4, 2013, the plaintiff filed notice of serving the defendant
Sidney Medical Associates. See Filing No. 7. Counsel entered an appearance for the
other two defendants, who have filed an answer and participated in the progression of
this case. See, e.g., Filing No. 8. These defendants state “there is no entity known as
or named Sidney Medical Associates.”

Id. ¶ 10.

The defendant Sidney Medical

Associates has not entered an appearance or filed an answer in this matter.

The

plaintiff has taken no other action against the defendant Sidney Medical Associates. It
remains the plaintiff’s duty to go forward in prosecuting the case against each
defendant.

The plaintiff may, for example, file a motion for clerk’s entry of default

pursuant to Fed. R. Civ. P. 55 and NECivR 55.1(a) or voluntarily dismiss the nonparticipating defendant, as appropriate. Under the circumstances, the plaintiff must
make a showing of good cause for failure to prosecute the defendant Sidney Medical
Associates or the action must be dismissed against it. Accordingly,

IT IS ORDERED:
The plaintiff has until the close of business on February 28, 2014, to show cause
why this case should not be dismissed as against the defendant Sidney Medical
Associates for failure to prosecute or take some other appropriate action.
Dated this 4th day of February, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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