Obriecht v. Gasser et al

Filing 31

ORDER DISMISSING CASE with prejudice for lack of prosecution. Plaintiff may establish just cause for his failure to respond within twenty-one days of this order signed by Judge Lynn Adelman on 12/7/15. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANDREW M. OBRIECHT,
Plaintiff,
v.

Case No. 13-cv-642

EDWARD WALL,
Defendant.

DECISION AND ORDER
On September 8, 2015, defendant Edward Wall filed a motion for summary
judgment. Under the applicable procedural rules, plaintiff's response to that motion was
due October 8, 2015. Plaintiff did not file a timely response to defendant's motion, so on
November 13, 2015, I ordered plaintiff to file a response by November 30, 2015, or face
dismissal of his lawsuit based on his failure to prosecute the case. Plaintiff did not file a
response to the defendant’s motion.
IT IS THEREFORE ORDERED that this action is dismissed with prejudice for lack
of prosecution, pursuant to Civil Local Rule 41(c) (E.D. Wis.) (copy enclosed) and Federal
Rule of Civil Procedure 41(c). Plaintiff may establish just cause for his failure to respond
within twenty-one days of this order.
Dated at Milwaukee, Wisconsin, this 7th day of December, 2015.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

Civil L. R. 41(c) Dismissal for Lack of Diligence
(c) Dismissal for Lack of Diligence. Whenever it appears to the Court that the
plaintiff is not diligently prosecuting the action, the Court may enter an order of dismissal
with or without prejudice. Any affected party may petition for reinstatement of the action
within 21 days.

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