Duffy et al v. Facebook, Inc. et al

Filing 42

ORDER that within 14 days of the entry of this Order, the Plas shall file an appropriate motion or otherwise take further action with respect to Dfts Facebook, Inc. and James Swenson. Signed by District Judge Martin Reidinger on 6/7/2017. (kby)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00123-MR-DLH

ROBERT BARON DUFFY and
ROBERT LOUIS GARY,

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Plaintiffs,
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vs.
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FACEBOOK, INC.,
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WAYNE HAWKINS, and
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JAMES SWENSON,
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
This action was filed in the United States District Court for the Northern
District of California on November 22, 2016. [Doc. 1]. Defendant Wayne
Hawkins filed an Answer on February 27, 2017. [Doc. 25]. Defendants
Facebook, Inc. (“Facebook”) and James Swenson (“Swenson”) were served
and filed a motion to transfer venue. [Doc. 26]. On May 4, 2017, the
Northern District of California granted the Defendants’ motion and
transferred the action to this District. [Doc. 33]. The docket sheet notes that
answers were due from Facebook and Swenson on May 22, 2017. As of the

date of this Order, however, Facebook and Swenson have yet to file an
answer, and the Plaintiffs appear to have made no effort to prosecute this
action further against these Defendants.
Accordingly, IT IS, THEREFORE, ORDERED that within fourteen (14)
days of the entry of this Order, the Plaintiffs shall file an appropriate motion
or otherwise take further action with respect to Defendants Facebook, Inc.
and James Swenson. The Plaintiffs are advised that failure to take such
further action may result in the dismissal of the Plaintiffs’ claims
against these Defendants.
IT IS SO ORDERED.
Signed: June 7, 2017

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