Smith v. Brown County

Filing 26

ORDER signed by Judge Lynn Adelman on 2/16/16 that plaintiff must file a response to defendant's motion for summary judgment by March 4, 2016. Failure to file a response may result in the dismissal of this action pursuant to Civil L.R. 41(c). (cc: all counsel, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CRAIG A. SMITH, II,
Plaintiff,
v.

Case No. 15-CV-202

BROWN COUNTY,
Defendant.

ORDER
Defendant Brown County filed a motion for summary judgment on January 8, 2016.
Court records indicate that a copy of the motion and supporting brief was mailed to plaintiff
that same day. Under the applicable procedural rules, plaintiff's response to that motion
should have been filed on or before February 8, 2016. Court records show that plaintiff did
not file a response to defendant's motion.
Civil Local Rule 41(c) provides that whenever it appears a plaintiff is not prosecuting
an action diligently, the court may dismiss the action with or without prejudice. Because
plaintiff has not filed a response, it appears that he no longer wishes to pursue this action.
NOW, THEREFORE, IT IS ORDERED that plaintiff shall file a response to
defendant's motion for summary judgment on or before March 4, 2016. Failure to file a
response may result in the court dismissing this action pursuant to Civil L.R. 41(c).
Dated at Milwaukee, Wisconsin, this 16th day of February, 2016.
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 and Civil L. R. 41(a) or (b) does not apply,
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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