Filed: Feb. 01, 2016
Latest Update: Feb. 01, 2016
Summary: MEMORANDUM AND ORDER TO SHOW CAUSE J. PHIL GILBERT , District Judge . This matter comes before the Court for case management purposes. This matter was stayed from October 29, 2014, to November 2, 2015, during the pendency of the bankruptcy proceedings of defendant Freight Feeder Aircraft Corporation Inc. ("Freight Feeder"). When Freight Feeder emerged from bankruptcy, the Court ordered a telephone status conference on November 16, 2015, to address the status of this case in light of the pr
Summary: MEMORANDUM AND ORDER TO SHOW CAUSE J. PHIL GILBERT , District Judge . This matter comes before the Court for case management purposes. This matter was stayed from October 29, 2014, to November 2, 2015, during the pendency of the bankruptcy proceedings of defendant Freight Feeder Aircraft Corporation Inc. ("Freight Feeder"). When Freight Feeder emerged from bankruptcy, the Court ordered a telephone status conference on November 16, 2015, to address the status of this case in light of the pro..
More
MEMORANDUM AND ORDER TO SHOW CAUSE
J. PHIL GILBERT, District Judge.
This matter comes before the Court for case management purposes. This matter was stayed from October 29, 2014, to November 2, 2015, during the pendency of the bankruptcy proceedings of defendant Freight Feeder Aircraft Corporation Inc. ("Freight Feeder"). When Freight Feeder emerged from bankruptcy, the Court ordered a telephone status conference on November 16, 2015, to address the status of this case in light of the proceedings in the bankruptcy case. At that conference, the plaintiffs' counsel indicated he would file something within 30 days to indicate what direction this case should take. No filing was forthcoming.
The Court held another status conference on January 19, 2016, to again attempt to assess the status of this case. At the conference, the plaintiffs' counsel indicated he would file a motion for default judgment "within the next few days." Ten days have passed since the status conference, and nothing has been filed. In light of the plaintiffs' repeated failure to take action it promised to take to move this case along, the Court has doubts about whether the plaintiffs intend to pursue this case.
By the same token, Freight Feeder's counsel was allowed to withdrew from the case in October 2014, and Freight Feeder neglected to retain substitute counsel in a timely manner. Freight Feeder also failed to appear for the two aforementioned status conferences set after it emerged from bankruptcy. It likewise appears Freight Feeder does not intend to pursue its counterclaims in this case.
Accordingly, the Court ORDERS the plaintiffs and Freight Feeder to SHOW CAUSE on or before February 12, 2016, why their respective remaining claims in this case should not be dismissed for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b) and the Court's inherent authority to manage its docket. See In re Bluestein & Co., 68 F.3d 1022, 1025 (7th Cir. 1995). Failure to respond in a timely manner to this order may result in dismissal of those claims.1
IT IS SO ORDERED.
