Filed: May 18, 2016
Latest Update: May 18, 2016
Summary: ORDER OF PARTIAL DISMISSAL CHARLES A. SHAW , District Judge . Upon review of the Court file, the Court finds that plaintiffs have failed to comply with the Court's Order dated December 1, 2015, which directed plaintiffs to file, on or before December 15, 2015, a motion for default judgment as to defendants AS & W, LLC and Acorn Stair & Woodwork, Inc. 1 Plaintiffs were warned that failure to comply would result in dismissal of these parties without prejudice. Plaintiffs requested and were
Summary: ORDER OF PARTIAL DISMISSAL CHARLES A. SHAW , District Judge . Upon review of the Court file, the Court finds that plaintiffs have failed to comply with the Court's Order dated December 1, 2015, which directed plaintiffs to file, on or before December 15, 2015, a motion for default judgment as to defendants AS & W, LLC and Acorn Stair & Woodwork, Inc. 1 Plaintiffs were warned that failure to comply would result in dismissal of these parties without prejudice. Plaintiffs requested and were g..
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ORDER OF PARTIAL DISMISSAL
CHARLES A. SHAW, District Judge.
Upon review of the Court file, the Court finds that plaintiffs have failed to comply with the Court's Order dated December 1, 2015, which directed plaintiffs to file, on or before December 15, 2015, a motion for default judgment as to defendants AS & W, LLC and Acorn Stair & Woodwork, Inc.1 Plaintiffs were warned that failure to comply would result in dismissal of these parties without prejudice. Plaintiffs requested and were granted three extensions of time to file for default judgment, until April 11, 2016. On April 12, 2016, defendant AS & W, LLC filed an unopposed motion for leave to file its answer out of time, which the Court granted. Plaintiffs, however, never filed a motion for default judgment as to defendant Acorn Stair & Woodwork, Inc. Rule 41(b) of the Federal Rules of Civil Procedure permits the Court to dismiss a case for failure to prosecute or to comply with a Court Order.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs' claims against defendant Acorn Stair & Woodwork, Inc. are DISMISSED without prejudice.
FootNotes
1. Lawrence E. Pecor, IV was not named as a defendant in plaintiffs' First Amended Complaint. He is no longer a party to this suit.
