Alessi & Koenig LLC v. Byron et al

Filing 36

ORDER. IT IS HEREBY ORDERED that Plaintiff's Complaint is DISMISSED without prejudice. The Clerk of Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 9/18/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALESSI & KOENIG, LLC,

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Plaintiff,

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vs.

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DAVID BYRON, et al.,
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Defendants.

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Case No.: 2:15-cv-00808-GMN-PAL
ORDER

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Before the Court is the Court’s Order requiring Plaintiff Alessi & Koenig, LLC

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(“Plaintiff”) to show cause as to why this case should not be dismissed without prejudice

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against Defendants David and Jennifer Byron. (ECF No. 35). Plaintiff has failed to file a

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response. For the following reasons, the Motion to Dismiss will be GRANTED, and

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Plaintiff’s Complaint will be dismissed.

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I.

BACKGROUND

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This lawsuit was originally filed on March 30, 2015, in the Eighth Judicial District

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Court for the State of Nevada. (See Compl., ECF No. 1-1). Defendants removed the case

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to this Court on April 29, 2015. (Pet. for Removal, ECF No. 1). Plaintiff’s Complaint is

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an action for interpleader related to foreclosure proceedings.

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A Notice of Bankruptcy, (ECF No. 31), was filed January 20, 2017, indicating

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Plaintiff is in bankruptcy and is now a defunct corporation. On August 8, 2018, Trustee

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Shelley D. Krohn (“Trustee”) filed a Status Report, (ECF No. 34), providing that Trustee

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and her counsel would not be participating in any matter in which Plaintiff is a party.

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On August 21, 2018, the Court ordered that Plaintiff show cause as to why this
case should not be dismissed without prejudice against Defendants David and Jennifer
Byron. (ECF No. 35). Plaintiff had until September 14, 2018, to file a response. (Id.).
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Not only did Plaintiff fail to meet this deadline, but Plaintiff has also failed to file any

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response at all.

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II.

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DISCUSSION
Based on the Trustee’s representations in the Status Report and Plaintiff’s failure

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to respond to the Court’s Order to show cause why this action should not be dismissed

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without prejudice, this Court hereby dismisses Plaintiff’s Complaint without prejudice.

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III.

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CONCLUSION
IT IS HEREBY ORDERED that Plaintiff’s Complaint is DISMISSED without

prejudice. The Clerk of Court shall enter judgment accordingly.

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DATED this ___ day of September, 2018.

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Gloria M. Navarro, Chief Judge
United States District Judge

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