RELIABLE MARINE TOWING AND SALVAGE LLC v. THOMAS, 2:17-cv-430-FtM-99CM. (2017)
Court: District Court, M.D. Florida
Number: infdco20171101c64
Visitors: 4
Filed: Oct. 27, 2017
Latest Update: Oct. 27, 2017
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on an Order to Show Cause (Doc. 22) entered on October 16, 2017, directing Plaintiff to show cause why the case against Defendant John Thomas (Thomas) should not be dismissed for failure to prosecute due to the non-filing of a request for Clerk's Default. Plaintiff's Response (Doc. 28), and Consent to Judgment (Doc. 29) essentially indicates a settlement has been reached with Thomas; therefore, the Court
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on an Order to Show Cause (Doc. 22) entered on October 16, 2017, directing Plaintiff to show cause why the case against Defendant John Thomas (Thomas) should not be dismissed for failure to prosecute due to the non-filing of a request for Clerk's Default. Plaintiff's Response (Doc. 28), and Consent to Judgment (Doc. 29) essentially indicates a settlement has been reached with Thomas; therefore, the Court e..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on an Order to Show Cause (Doc. 22) entered on October 16, 2017, directing Plaintiff to show cause why the case against Defendant John Thomas (Thomas) should not be dismissed for failure to prosecute due to the non-filing of a request for Clerk's Default. Plaintiff's Response (Doc. 28), and Consent to Judgment (Doc. 29) essentially indicates a settlement has been reached with Thomas; therefore, the Court expects the appropriate dismissal documents to be filed shortly. As Thomas has not yet appeared in this matter, Plaintiff may file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). To the extent Plaintiff is requesting the entry of judgment against Thomas, Plaintiff shall file an appropriate motion, including a memorandum of law, as to whether the entry of judgment against a party who has not appeared in an action is proper. The Court will take no further action on its Order to Show Cause (Doc. 22) pending Plaintiff's filing.
Accordingly, it is now
ORDERED:
Plaintiff shall file its final papers for dismissal of Defendant John Thomas on or before November 13, 2017.
DONE and ORDERED.
FootNotes
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Source: Leagle
