Argonaut-Midwest Insurance Company v. Gallegos, Sr.

Filing 20

ORDER TO SHOW CAUSE by Magistrate Judge Lourdes A. Martinez. Show Cause Response due by 3/6/2017. (atc)

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

ARGONAUT-MIDWEST
INSURANCE COMPANY,
Plaintiff/Counter Defendant,

v.

No. CIV 16-0540 JCH/LAM

MANUEL GALLEGOS, SR.,
Defendant/Counter Claimant/Third-Party Plaintiff,

v.

WESTERN STATES
INSURANCE COMPANY,
Third-Party Defendant.

ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte.

Third-Party Plaintiff Manuel

Gallegos, Sr. filed a Counterclaim against Argonaut-Midwest Insurance Company and a
Third-Party Complaint against Western States Insurance Company on July 28, 2016. [Doc. 6].
Counter Defendant Argonaut-Midwest Insurance Company filed an answer to the Counterclaim
on August 25, 2016. [Doc. 12]. On October 3, 2016, Third-Party Defendant Western States
Insurance Company filed a notice stating that Third-Party Plaintiff Manuel Gallegos has agreed to
an extension of time through October 17, 2016 for Western States Insurance Company to file a
response to the Third-Party Complaint. [Doc. 17]. Western States Insurance Company has not

filed a response to the Third-Party Complaint and Manuel Gallegos has not taken any further
action in this case as to Western States Insurance Company. Under the Local Rules of this Court,
“[a] civil action may be dismissed if, for a period of ninety (90) days, no steps are taken to move
the case forward.” D.N.M. LR-Civ. 41.1.
IT IS THEREFORE ORDERED that, within thirty (30) days of the entry of this
Order, Third-Party Plaintiff Manuel Gallegos’ Third-Party Complaint may be dismissed without
prejudice as to Third-Party Defendant Western States Insurance Company unless
Manuel Gallegos shows good cause for failing to move his case forward as to Western States
Insurance Company.
IT IS SO ORDERED.

______________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE

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