Doe v. Nelson et al

Filing 49

MEMORANDUM DECISION dismissing case for failure to prosecute. The parties shall bear their own costs and fees. Signed by Judge Clark Waddoups on 06/20/2011. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JANE DOE,
Plaintiff,

ORDER and
MEMORANDUM DECISION

vs.

ROGER NELSON, et al.

Case No. 2:08-cv-220 CW

Defendants,

On May 20, 2011, after noting that Plaintiff had cut off all contact with her former
counsel in this matter and granting her former counsel’s motion to withdraw on that basis, the
court sua sponte ordered Plaintiff to show cause why this action should not be dismissed for
failure to prosecute. The court required that Plaintiff respond by June 10, 2011.
To try to ensure that Plaintiff received notice of this order, the court ordered Plaintiff’s
former counsel to make reasonable efforts to contact Plaintiff. Plaintiff’s former counsel made
such efforts and reported them to the court on May 26, 2011. The court also instructed the Clerk
to mail the order to Plaintiff’s last known address using Plaintiff’s actual name. The Clerk did
so, but the mail was returned as undeliverable. To date, Plaintiff has not responded to the order
to show cause.

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For all these reasons, it appears that Plaintiff has decided to stop participating in this
action. Accordingly, this action is hereby DISMISSED for failure to prosecute. The parties shall
bear their own costs and fees.
SO ORDERED this 20th day of June, 2011.
BY THE COURT:

_______________________________________
Clark Waddoups
United States District Judge

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