National Apartment Association v. Mosteller Mansion, LLC et al

Filing 15

ORDER directing the Plaintiff to submit a status report or motion for entry of default/default judgment within two weeks from the filing date of this order. Status Report or Motion for Entry of Default/Default Judgment due by 11/29/2012. Signed by District Judge Richard Voorhees on 11/15/12. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CASE NO. 5:10CV22
NATIONAL APARTMENT
ASSOCIATION, INC.,
Plaintiff,
v.
MOSTELLER MANSION, LLC,
ET AL,
Defendants.

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ORDER

THIS MATTER is before the Court sua sponte concerning Plaintiff’s failure to
prosecute its claim.
On February 26, 2010, National Apartment Association, Inc., Plaintiff, filed its
Complaint against Mosteller Mansion, LLC, et al, Defendants. Defendants’ Answers were due
on June 2, 2010. No answer or response has been filed by the Defendants. Since May 3, 2010,
there has been no activity in this case.
“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.” Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962) (upholding, in the
face of a due process challenge, the practice of dismissing an action, without notice and an
opportunity to be heard, for want of prosecution). The Court, declining to dismiss immediately
this case in the absence of notice that dismissal is contemplated, here provides Plaintiff with
such notice. Plaintiff has two weeks from the date this Order is filed to submit a status report or
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motion for entry of default/default judgment. Should Plaintiff fail to comply with this directive,
this case will be dismissed with prejudice.

This the 15th day of November, 2012.

By Direction: s/Susan M. Johnson
Richard L. Voorhees
U. S. District Judge

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