Stine, Dale v. United States Postal Service

Filing 8

ORDER that plaintiff has until August 9, 2012 to submit a letter to the court reporting whether he wishes to pursue this lawsuit. Signed by Magistrate Judge Stephen L. Crocker on 7/26/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DALE W. STINE, JR.,
Plaintiff,
v.

ORDER
12-cv-264-wmc

U.S. POSTAL SERVICE MERRILL OFFICE,
Defendant.

On March 27, 2012, plaintiff Dale Stine, Jr. Filed an action against the United States Postal
Service in the small claims court of Lincoln County, seeking $5255.75 in damages on his claim that
the Merrill Post Office had failed to deliver and then had damaged a package that Stine had
attempted to mail. The Postal Service removed this case to federal court on April 11, 2012, then on
May 29, 2012 filed a motion to dismiss the complaint for reasons stated in the supporting brief. See
dkts. 5 and 7. The court’s computer set July 2, 2012 as Stine’s deadline to respond in opposition,
and set a telephonic pretrial conference with Stine and the Postal Service’s lawyer for July 26, 2012
at 1:00 p.m.
Stine did not file a response to the government’s motion and he did not ask for an extension
of time. Even so, the court was prepared to discuss this matter with Stine at the July 2, 2012
telephonic conference and give him a new deadline to respond. After all, Stine had filed a relatively
simply small claims action and then the postal service made a federal case out of it. But Stine did
not call in, nor did he contact the court or the government’s attorney to indicate that he could not
participate or to ask for a different date or time.
I will give Stine one more chance to demonstrate that he still is interested in pursuing this
lawsuit. Stine has two weeks, until August 9, 2012, to submit a letter to the court reporting whether

he wishes to pursue this lawsuit. If Stine wishes to pursue this lawsuit, then the court will promptly
reschedule the telephonic pretrial conference. If Stine does not respond by August 9, 2012, then the
court will dismiss his lawsuit for failure to prosecute it.

Entered this 26th day of July, 2012.

BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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