Woodmen of the World Life Insurance Society v. Moring
Filing
9
ORDER TO SHOW CAUSE - The plaintiff has until the close of business on May 31, 2016, to show cause why this case should not be dismissed for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge Thomas D. Thalken. (LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WOODMEN OF THE WORLD LIFE
INSURANCE SOCIETY,
8:16CV74
Plaintiff,
vs.
ORDER
DAVID R. MORING,
Defendant.
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.”
On February 15, 2016, the plaintiff filed an Application to Confirm Arbitration
Award. See Filing No. 1. The plaintiff filed evidence the defendant was served on
March 28, 2016. See Filing No. 8. The plaintiff has taken no other action. It remains
the plaintiff’s duty to go forward in prosecuting the case. The plaintiff may, for example,
seek entry of default or voluntarily dismiss the action, as appropriate.
Under the
circumstances, the plaintiff must make a showing of good cause for failure to prosecute
or the action must be dismissed. Accordingly,
IT IS ORDERED:
The plaintiff has until the close of business on May 31, 2016, to show cause why
this case should not be dismissed for failure to prosecute or take some other
appropriate action.
Dated this 13th day of May, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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