Flores v. Kenosha Visitng Nurse Association

Filing 64

ORDER signed by Judge Rudolph T. Randa on 1/5/2015. Action will be dismissed with prejudice for lack of prosecution effective 2/6/2015 pursuant to Civil L.R. 41(c) and FRCP 41(b) unless prior to that date plaintiff responds to defendants' motions or establishes good cause for his failure to do so. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

PEDRO FLORES, SR.,
Plaintiff,
-vs-

Case No.

13-CV-1133

KENOSHA COUNTY, MR. HANSCHE,
MR. KEISHER, MR. PARKER,
REBECCA SWENSON, CAPTAIN HALLISY,
and LT. RAWSON,
Defendants.

DECISION AND ORDER

A review of this file discloses that defendant Rebecca Swenson filed a motion
for summary judgment on November 25, 2014. Court records indicate that copies of the
motion and supporting brief were mailed to the plaintiff on November 25, 2014. Under the
applicable procedural rules, the plaintiff’s response to that motion should have been filed on
or before December 26, 2014.
In addition, defendants Kenosha County, Randy Hansche, James Kaiser, James
Parker, Robert Hallisy, and Lieutenant Rawson filed a motion for summary judgment on
November 26, 2014. Court records indicate that copies of the motion and supporting brief
were mailed to the plaintiff on November 26, 2014. Under the applicable procedural rules,
the plaintiff’s response to that motion should have been filed on or before December 26,

2014.
Briefing schedules are set forth in Civil Local Rules 7 and 56 (E.D. Wis.).
Parties are expected to comply with the procedures and dates specified in the rule without
involvement of the court.
Court records show that the plaintiff did not file any response to the
defendants’ motions. Therefore,
IT IS ORDERED that this action be dismissed with prejudice for lack of
prosecution effective February 6, 2015, pursuant to Civil Local Rule 41(c) (E.D. Wis.)
(copy enclosed) and Federal Rule of Civil Procedure 41(b), unless prior to that date the
plaintiff responds to the defendants’ motions or establishes just cause for his failure to
respond to said motion as required.
Dated at Milwaukee, Wisconsin, this 5th day of January, 2015.
SO ORDERED,

HON. RUDOLPH T. RANDA
U. S. District Judge

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Civil Local Rule 41(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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