Argonaut-Midwest Insurance Company v. Gallegos, Sr.
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
No. CIV 16-0540 JCH/LAM
MANUEL GALLEGOS, SR.,
Defendant/Counter Claimant/Third-Party Plaintiff,
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
IT IS SO ORDERED.
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE
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