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)

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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 2

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