Nautilus Insurance Company v. Otero County Hospital Association et al

Filing 46

ORDER TO SHOW CAUSE by Magistrate Judge Lourdes A. Martinez. Show Cause Response due by 3/30/2017. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

NAUTILUS INSURANCE COMPANY,
Plaintiff,

v.

No. CIV-11-0178 MV/LAM

OTERO COUNTY HOSPITAL ASSOCIATION, et al.,
Defendants.

ORDER TO SHOW CAUSE
THIS MATTER is before the Court upon the Court’s Order For Parties to File a Status
Report (Doc. 45), filed December 1, 2016, in which the Court ordered the parties to jointly file a
status report on or before December 15, 2016 advising of the status of this case. The parties have
not filed a status report and the time for doing so has passed. The parties’ failure to respond to the
Court’s order indicates a lack of interest in litigating this case, which may subject the case to
dismissal for lack of prosecution. See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)
(“The authority of a court to dismiss sua sponte for lack of prosecution has generally been
considered an ‘inherent power,’ governed not by rule or statute but by the control necessarily
vested in courts to manage their own affairs so as to achieve the orderly and expeditious
disposition of cases.”) (footnote and citations omitted); Oleson v. Mapes, 333 F.3d 1199, 1204, n.3
(10th Cir. 2003) (same); and Martinez v. Internal Revenue Service, 744 F.2d 71, 73 (10th
Cir. 1984) (“Courts have the inherent power to impose a variety of sanctions on both litigants and
attorneys in order to regulate their docket, promote judicial efficiency, and deter frivolous

filings.”) (citations omitted). Therefore, the Court will require the parties to show cause why this
case should not be dismissed.
IT IS THEREFORE ORDERED THAT, no later than Thursday, March 30, 2017, the
parties shall either file with the Court a joint status report advising of the status of this case, or file
with the Court a response to this Order showing cause why this case should not be dismissed. The
parties are hereby notified that failure to respond to this Order may result in dismissal of this
case without prejudice and without further notice.
IT IS SO ORDERED.

______________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE