Wade Weissmann Architecture Inc v. Robert G Sinclair Architecture Inc

Filing 7

ORDER signed by Judge J P Stadtmueller on 4/7/09 that plaintiff shall have 20 days from the date of this order to commence prosecution of this case; if plaintiff fails to do so, the court will dismiss this action without prejudice (cc: all counsel)(nm)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
____________________________________________ W A D E W E IS S M A N N ARCHITECTURE, INC., Plaintiff, v. R O B E R T G. SINCLAIR ARCHITECTURE, INC., D e fe n d a n t. ____________________________________________ C a s e No. 08-CV-669

ORDER
O n August 6, 2008, plaintiff filed a complaint against defendant. The

c o m p la in t alleges that defendant infringed on plaintiff's copyrights, and that d e fe n d a n t violated the Lanham Act. Plaintiff paid the filing fee for this action, filed a certificate of interest, and refused to consent to proceeding before a magistrate ju d g e . Plaintiff subsequently served defendant with a summons and the complaint. D e s p ite having been properly served, at the very latest by November 19, 2008, d e fe n d a n t has failed to file an answer, yet plaintiff has not moved for default ju d g m e n t. Given the amount of time that has passed, these occurrences trigger Civil L .R . 41.2, which states: In all cases in which a defendant has failed to file an a n s w e r or otherwise defend within 6 months from the filing o f the complaint and the plaintiff has not moved for default ju d g m e n t, the Court may on its own motion, after 20 days' n o tic e to the attorney of record for the plaintiff, or to the p la in tif f pro se, enter an order dismissing the action for la c k of prosecution. Such dismissal must be without p r e ju d ic e .

B e c a u s e six months have passed since the complaint was filed in this case, and d e fen d a n t has not answered, and plaintiff has not sought default judgment, the court h e re b y notifies plaintiff that plaintiff has 20 days to commence prosecution of this c a s e . Should plaintiff fail to do so within that time period, the court will dismiss this a c tio n without prejudice. A c c o r d in g ly , IT IS ORDERED that plaintiff shall have twenty (20) days from the date of this o r d e r to commence prosecution of this case; if plaintiff fails to do so, the court will d is m is s this action without prejudice. D a te d at Milwaukee, W is c o n s in , this 7th day of April, 2009. BY THE COURT:

J .P . Stadtmueller U .S . District Judge

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