Long et al v. Long et al

Filing 26

MEMORANDUM AND ORDER - Plaintiffs' complaint and all claims therein dismissed with prejudice for want of prosecution. A separate Judgment will be entered accordingly. Ordered by Judge John M. Gerrard. (Copy mailed to pro se parties)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEWAYNE KEITH LONG JR., AND
HOLLY L. LONG,
8:15CV243
Plaintiffs,
vs.

MEMORANDUM AND ORDER

DEWAYNE KEITH LONG SR., AND
DOES 1 THROUGH 100, Inclusive;
Defendants.
Plaintiffs initially filed this lawsuit through counsel on July 6, 2015.
(Filing No. 1). Their attorney moved to withdraw on December 3, 2015.
(Filing No. 21). That same day, the Court granted counsel leave to withdraw,
further ordering:
On or before January 7, 2016, Plaintiffs shall either: (a) obtain
the services of counsel and have that attorney file an appearance
in this case; or (b) file a statement notifying the court of their
intent to litigate this case without the assistance of counsel. The
failure to do so may result in a dismissal of the non-complying
Plaintiff's claims without further notice.
(Filing No. 22).
On January 7, 2016, Plaintiffs orally moved for additional time to
either obtain counsel or advise the Court that they intended to proceed pro
se. (Filing No. 23). That oral motion was granted, the order stating:
Plaintiffs shall either: (a) obtain the services of counsel and have
that attorney file an appearance in this case; or (b) file a
statement notifying the court of their intent to litigate this case
without the assistance of counsel. The failure to do so may result
in a dismissal of the non-complying Plaintiff's claims without
further notice.
(Filing No. 24).

As of today, Plaintiffs have not filed a notice stating they will litigate
this action without counsel, and no attorney has filed an appearance on their
behalf. Plaintiffs have failed to diligently prosecute this lawsuit.
Therefore,
IT IS ORDERED:
1)

Plaintiffs’ complaint and all claims therein are dismissed with
prejudice for want of prosecution.

2)

A separate Judgment will be entered accordingly.

Dated this 9th day of February, 2016.
BY THE COURT:

John M. Gerrard
United States District Judge

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