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Touch N Tan, LLC v. Tipps Enterprises Incorporated

United States District Court, D. Nebraska

January 6, 2015

TOUCH N TAN, LLC, a Colorado Limited Liability Company; Plaintiff,
v.
TIPPS ENTERPRISES INCORPORATED, an Oklahoma corporation; and JAMIE TIPPS, Defendants.

ORDER

CHERYL R. ZWART, Magistrate Judge.

Plaintiff's former counsel was granted leave to withdraw on October 29, 2014. (Filing No.16). The order granting counsel's leave to withdraw stated:

Plaintiff was given until November 19, 2014 to obtain the services of counsel and have that attorney file an appearance on its behalf, and was warned that if it failed to do so, the court may dismiss its claims without further notice.

(Filing No. 16).

The order was mailed to Plaintiff. This mailing was not returned. Plaintiff failed to comply with the court's order.

On December 1, 2014, a show cause order was mailed by the clerk's office which advised that Plaintiff had until January 2, 2015 to show cause why the court should not dismiss Plaintiff's claims for want of prosecution and without further notice. (Filing No. 18). This mailing was not returned.

Plaintiff did not respond to the show cause order.

Accordingly,

IT IS RECOMMENDED to the Honorable John M. Gerrard, United States District Judge, pursuant to 28 U.S.C. ยง 636(b), that Plaintiff's claims be dismissed for want of prosecution and without further notice.

The parties are notified that failing to file an objection to this recommendation as provided in the local rules of this court may be held to be a waiver of any right to ...


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