Parizek v. Ward County Jail

Filing 43

ORDER to Show Cause by Magistrate Judge Clare R. Hochhalter. (JS) Distributed on 6/12/2020. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Scott Roman Parizek,
Plaintiff,
v.

Ward County,
Defendant.

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ORDER TO SHOW CAUSE

Case No. 1:18-cv-110

Plaintiff Scott Roman Parizek initiated this action on May 25, 2018. (Doc. No. 1). The
Court issued a scheduling order on February 13, 2020. (Doc. No. 38). On June 4, 2020, counsel
for Defendant contacted the Court to request a status conference regarding Parizek’s failures to
prosecute his lawsuit. Counsel also advised the Court that their paralegal spoke with Parizek and
obtained a new mailing address for him. The Court scheduled a status conference and instructed
the Clerk’s office to send the notice of the status conference to Parizek’s new address.
On June 12, 2020, the Court held a status conference, but Parizek did not attend. At the
status conference, counsel for Defendant detailed Parizek’s failure to provide Rule 26(a)
disclosures and provide discovery responses.
Due to Parizek’s failure to attend the status conference and his failures to participate in
the discovery process, the Court ORDERS that he submit a status report by June 26, 2020,
advising the Court of the status of this action or otherwise showing cause why the matter should
not be dismissed for failure to prosecute. Failure to submit a status report to the court may result
in dismissal of the action. See Miller v. Benson, 51 F.3d 166, 168 (8th Cir. 1995) (“District
courts have inherent power to dismiss sua sponte a case for failure to prosecute, and we review

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the exercise of this power is reviewed for abuse of discretion.”) quoting Sterling v. United States,
985 F.2d 411, 412 (8th Cir. 1993) (same); see also Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated this 12th day of June, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter
United States Magistrate Judge

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