United States of America v. The Hanover Insurance Company

Filing 7

ORDER - The plaintiff has until the close of business on September 14, 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. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

UNITED STATES OF AMERICA,
for the use and benefit of
ASP ENTERPRISES, INC.,

8:16CV319

Plaintiff,
ORDER
vs.
THE HANOVER INSURANCE
COMPANY,
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.”
In this case, the plaintiff filed the complaint on June 30, 2016. See Filing No. 1.
On July 1, 2016, the plaintiff sought and received summons for the defendant. See
Filing Nos. 4-5. On July 7, 2016, the plaintiff filed notice of serving the defendant. See
Filing No. 6. The plaintiff has taken no other action against the defendant. It remains
the plaintiff’s duty to go forward in prosecuting the case against the 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 complaint, as appropriate.
Under the circumstances, the plaintiff must make a showing of good cause for failure to
prosecute the defendant or the action must be dismissed. Accordingly,

IT IS ORDERED:
The plaintiff has until the close of business on September 14, 2016, to show
cause why this case should not be dismissed for failure to prosecute or take some other
appropriate action.
Dated this 29th day of August, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge