Buda v. Clarke

Filing 21

DECISION AND ORDER signed by Judge Lynn Adelman on 1/26/15 that this action be dismissed with prejudice for lack of prosecution effective February 23, 2015, unless prior to that date plaintiff responds to defendants motion or establishes just cause for his failure to respond to said motion as required. (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANTHONY P. BUDA,
Plaintiff,
v.

Case No. 14-CV-371

DAVID A. CLARKE, JR.,
Defendant.

DECISION AND ORDER
A review of this file discloses that defendant filed a motion for summary judgment on
December 12, 2014. Court records indicate that copies of the motion and supporting brief were
mailed to plaintiff on December 12, 2014. Under the applicable procedural rules, plaintiff's
response to that motion should have been filed on or before January 12, 2015.
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 plaintiff did not file any response to defendant’s motion.
Therefore,
IT IS ORDERED that this action be dismissed with prejudice for lack of prosecution
effective February 23, 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 plaintiff responds to defendant’s
motion or establishes just cause for his failure to respond to said motion as required.
Dated at Milwaukee, Wisconsin, this 26th day of January, 2015.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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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