Zimmerman v. Home Depot U.S.A., Inc.

Filing 54

ORDER that Plaintiff's claims are DISMISSED with prejudice. The clerk is instructed to close the case. Signed by Judge James C. Mahan on 1/15/2020. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

KEVIN ZIMMERMAN,

Case No. 2:17-CV-529 JCM (EJY)

8

Plaintiff(s),

9
10

ORDER

v.
HOME DEPOT U.S.A., INC., et al.,

11

Defendant(s).

ejy

12
13
14

Presently before the court is the matter of Zimmerman v. Home Depot U.S.A., Inc., case
number 2:17-cv-00529-JCM-EJY.

15

On November 28, 2017, the court granted plaintiff Kevin Zimmerman and defendant Home

16

Depot U.S.A., Inc.’s joint stipulation to stay all proceedings in this case (ECF Nos. 46, 48) pending

17

resolution of the Nevada attorney general’s motion to dismiss in a related proceeding (Zimmerman

18

v. GJS Group, Inc., case no. 2:17-cv-00304-GMN-GWF, ECF No. 58). That motion to dismiss

19

was granted on August 30, 2018. Zimmerman, case no. 2:17-cv-00304-GMN-GWF, ECF No. 73.

20

On October 15, 2019, the court lifted the stay, ordering that “Zimmerman has until October

21

25, 2019, to notify the court as to whether he intends to prosecute this action. Should no notice be

22

given by the deadline, the court will dismiss this case with prejudice.” (ECF No. 53).

23
24

Since that date, Zimmerman has not notified this court as to whether he intends to prosecute
this action.

25

Accordingly,

26

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Zimmerman’s claims in

27

the matter of Zimmerman v. Home Depot U.S.A., Inc., case number 2:17-cv-00529-JCM-EJY be,

28

and the same hereby are, DISMISSED with prejudice.

James C. Mahan
U.S. District Judge

1

The clerk is instructed to close the case.

2

DATED January 15, 2020.

3
4

__________________________________________
UNITED STATES DISTRICT JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-