Wilmington Trust v. Mason et al

Filing 11

ORDER TO SHOW CAUSE - The plaintiff has until the close of business on October 9, 2015, to show cause why this case should not be dismissed against the defendants for failure to prosecute or take some other appropriate action. Show Cause Deadline set for 10/9/2015. Ordered by Magistrate Judge Thomas D. Thalken. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

WILMINGTON TRUST, N.A., as
Trustee for the VM Trust Series 1,
Plaintiff,
vs.

8:15CV296
ORDER

SHARYL A. MASON and
FBL FINANCIAL GROUP, INC.,
d/b/a Farm Bureau Financial
Services
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 August 7, 2015. See Filing No. 1. Also on
August 7, 2015, the plaintiff sought and received summonses for the defendants. See
Filing Nos. 3-4, 6.

On August 12, 2014, the plaintiff filed notice of serving both

defendants on August 10, 2015. See Filing Nos. 7-8. On August 26, 2015, the plaintiff
filed a second notice indicating service on the defendant Sharyl A. Mason on August 22,
2015. See Filing No. 10. The plaintiff has taken no other action against the defendants.
It remains the plaintiff’s duty to go forward in prosecuting the case against the
defendants. 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 defendants, as appropriate. Under the circumstances, the plaintiff must
make a showing of good cause for failure to prosecute the defendants or the action
must be dismissed against them. Accordingly,

IT IS ORDERED:
The plaintiff has until the close of business on October 9, 2015, to show cause
why this case should not be dismissed against the defendants for failure to prosecute or
take some other appropriate action.
Dated this 21st day of September, 2015.

BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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