Operative Plasterers and Cement Masons #204 v. Preferred Concrete & Excavating, Inc.

Filing 9

ORDER FOR DISMISSAL. Signed by District Judge William M. Conley on 12/4/14. (jat)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
OPERATIVE PLASTERERS AND CEMENT
MASONS LOCAL 599 ,
Plaintiff,

ORDER

v.
14-cv-426-wmc
PREFERRED CONCRETE & EXCAVATING,
INC.,
Defendant.
Plaintiff filed a complaint on June 8, 2014, service was executed on June 17, 2014,
with an answer due on July 8, 2014. (Dkt. ##1, 3.) After receiving no answer, nor any
motion for default from plaintiff, the court flagged its concerns with the lack of progress
in this action, and Magistrate Judge Crocker held a telephonic status conference on
September 23, 2014, at which plaintiff appeared by counsel. (Dkt. #4.) During the
status conference, plaintiff indicated that it intended to file an amended complaint to
correct some factual errors. (Id.) Judge Crocker warned the plaintiff to file and serve the
amended complaint promptly, or risk dismissal of this case for failure to prosecute. (Id.)
Plaintiff filed an amended complaint three days later on September 26, 2014 and
a summons was issued on September 29, 2014. (Dkt. ##5, 6.) Having received no
proof of service of the amended complaint, the court ordered plaintiff’s counsel to
promptly file such proof of service. Instead, plaintiff’s counsel responded in a letter to
the court dated November 14, 2014, that it was having trouble serving the amended
complaint, and requested ten additional days, until November 24, 2014, to do so, or

indicated that it “will provide the Court with an update if service still has not been made
as of November 24, 2014.” (Dkt. #7.)
As of today, December 4, 2014, plaintiff has still failed to file proof of service of
process or otherwise update the court on the status of serving the amended complaint as
promised. Accordingly,

ORDER
IT IS ORDERED that this action is DISMISSED without prejudice due to
plaintiff’s failure to prosecute, and the clerk of court is directed to close this case.
Entered this 4th day of December, 2014.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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