Broadcast Music, Inc. et al v. Kontor et al

Filing 41

ORDER TO SHOW CAUSE - The plaintiffs have until March 28, 2017, to show cause why this case should not be dismissed for failure to prosecute or take some other appropriate action. Ordered by Magistrate Judge F.A. Gossett. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BROADCAST MUSIC, INC.;
HOUSE OF CASH, INC.;
BENEFIT MUSIC;
COMBINE MUSIC CORP.;
CYANIDE PUBLISHING;
MJ PUBLISHING TRUST d/b/a MIJAC
MUSIC;
SONGS OF UNIVERSAL, INC.;
CROOKED CHIMNEY MUSIC INC.;
EMI BLACKWOOD MUSIC, INC.;
SONY/ATV SONGS LLC, d/b/a
SONY/ATV TREE PUBLISHING;
NASHVILLE STAR MUSIC,
A Division of Reveille Music Publishing
LLP; and
CARNIVAL MUSIC COMPANY, d/b/a
TILTAWHIRL MUSIC;

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
KURT T. KONTOR and KRISTINE L.
)
KONTOR, each Individually and d/b/a 501 )
BAR & GRILL,
)
)
Defendants.
)

8:16CV485
ORDER TO
SHOW CAUSE

This matter comes before the court after a review of the court file and pursuant to
NECivR 41.2, which states in relevant part: “At any time, a case not being prosecuted
with reasonable diligence may be dismissed for lack of prosecution.”
Plaintiffs filed the instant Complaint on October 25, 2016. Filing No. 1. On
December 5, 2016, the defendants filed an unopposed motion for an additional 30-days to
file an answer to the Complaint, which extension the court granted by text order on
December 6, 2016. Filing Nos. 34 and 35. Defendants subsequently requested two more
unopposed extensions of time to file an answer, which the court granted. See Filing Nos.

36, 38, 39, and 40. The court’s last text order, entered January 20, 2017, provided the
defendants until February 2, 2017, to file an answer or otherwise respond to the Complaint.
Filing No. 40. The defendants have not filed an answer and no further activity has taken
place in the case since that date.

It remains the plaintiffs’ duty to go forward in

prosecuting the case against the defendants. Under the circumstances, the plaintiffs must
make a showing of good cause for failure to prosecute the defendants, or the action must be
dismissed.

Accordingly,

IT IS ORDERED: The plaintiffs have until March 28, 2017, to show cause why
this case should not be dismissed for failure to prosecute or take some other appropriate
action.

DATED: March 7, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

2