Broadcast Music, Inc. et al v. Hilburn Enterprises, Inc. et al

Filing 32

ORDER TO SHOW CAUSE - Plaintiffs have until May 26, 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. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BROADCAST MUSIC, INC.;
DEL SOUND MUSIC;
MJ PUBLISHING TRUST, d/b/a
MIJAC MUSIC;
RIO BRAVO MUSIC, INC.;
SONY/ATV SONGS LLC, d/b/a
SONY/ATV TREE PUBLISHING;
BIG YELLOW DOG, LLC d/b/a
BIG YELLOW DOG MUSIC;
TOKECO TUNES;
WARNER-TAMERLANE
PUBLISHING CORP.;
EMI BLACKWOOD MUSIC, INC.;
OLE MEDIA MANAGEMENT, LP;
D/B/A BIG BORASSA MUSIC; and
INDIANA ANGEL MUSIC,
Plaintiffs,
v.
HILBURN ENTERPRISES, INC.
d/b/a BOURBON JACK’S
HONKYTONK BAR; and JACK
HILBURN a/k/a JACKIE H.
HILBURN, INDIVIDUALLY,
Defendants.

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8:17CV70
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 pertinent 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 March 6, 2017. (Filing No. 1). On March
16, 2017, Plaintiffs filed notices of serving the above-named defendants on March 12,
2017. (Filing Nos. 18 and 19). Plaintiffs filed an Amended Complaint against the same
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above-named defendants on March 22, 2017. (Filing No. 30). To date, no defendant has
filed any responsive pleading and Plaintiffs have taken no other action against the
defendants. It remains Plaintiffs’ duty to go forward in prosecuting this case. Under the
circumstances, Plaintiffs must make a showing of good cause for failure to prosecute the
case or this action may be dismissed. Accordingly,

IT IS ORDERED:
Plaintiffs have until May 26, 2017, to show cause why this case should not be
dismissed for failure to prosecute or take some other appropriate action.

DATED: May 8, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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