Malibu Media LLC v. Doe

Filing 16

ORDER signed by Judge Lynn Adelman on 9/18/13 that plaintiff is put on NOTICE that the court shall dismiss this case without prejudice 20 days from the date of this order unless plaintiff takes sufficient action to prosecute this case. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No. 13-CV-00228

SCOTT SAMUELS,
Defendant.

DECISION AND ORDER
Civil Local Rule 41(b) (E.D. Wis. 2010) states that
[i]n all cases in which a defendant has failed to file an answer or otherwise
defend within 6 months from the filing of the complaint and the plaintiff has
not moved for a default judgment, the Court may on its own motion, after 20
days’ notice to the attorney of record for the plaintiff, or to the plaintiff if pro
se, enter an order dismissing the action for lack of prosecution. Such
dismissal must be without prejudice.
This case was filed on March 1, 2013. Defendant was served on July 2, 2013, as
evidenced by a return of service filed with the court on August 7, 2013. Six months have
expired since the filing of the complaint, yet to date defendant has not answered and
plaintiff has not moved for default judgment.
Therefore, plaintiff is put on notice that the court shall dismiss this case without
prejudice twenty days from the date of this memorandum unless within that time plaintiff
takes sufficient action to prosecute this case.
Dated at Milwaukee, Wisconsin, this 18th day of September, 2013.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge