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International Brotherhood of Electrical Workers Local Union No. 22 v. Hipnar Electric Co.

United States District Court, D. Nebraska

March 6, 2014

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 22, et al., Plaintiffs,
v.
HIPNAR ELECTRIC COMPANY, Defendant.

ORDER

THOMAS D. THALKEN, Magistrate Judge.

This matter is before the court sua sponte, and pursuant to NECivR 41.2, which states in pertinent part: "At any time, a case not being prosecuted with reasonable diligence may be dismissed for lack of prosecution."

In this case the complaint was filed on November 12, 2013. See Filing No. 1. The plaintiffs sought a summons on January 17, 2014, serving the defendant on January 22, 2014. See Filing Nos. 6-7. The defendant has not appeared in this case. No answer or any other document has been filed in the case. It remains the plaintiffs' duty to go forward in prosecuting the case. Accordingly, the plaintiffs shall have an opportunity to move for clerk's entry of default pursuant to Fed.R.Civ.P. 55 and NECivR 55.1(a), as appropriate, against the defendant, or otherwise show cause why this action should not be dismissed.

IT IS ORDERED:

The plaintiffs have until the close of business on March 28, 2014, to file a motion for clerk's entry of default against the defendant or show cause why this case should not be dismissed for failure to prosecute.


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