Nickey Gregory Company LLC v. Robison Farms LLC et al

Filing 181

ORDER DISMISSING CASE for failure to prosecute as to Bench Mark Potato Co., Inc., CH Robinson Worldwide, Inc., and Leone Pizzini & Sons, Inc. Signed by Honorable Henry M Herlong, Jr on 3/17/09. Associated Cases: 6:06-cv-02070-HMH, 6:06-cv-02144-HMH(awil)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Nickey Gregory Company, LLC and Poppell's Produce, Inc., ) ) ) Plaintiffs, ) ) v. ) ) Robison Farms, LLC, and ) Cindy Robison, ) ) Defendants. ) ____________________________________) ) D&T Brokerage, Inc., ) ) Plaintiff, ) v. ) ) Robison Farms, LLC, and ) Cindy Robison, ) ) Defendants. ) C.A. Nos. 6:06-02070-HMH 6:06-02144-HMH OPINION & ORDER Intervenor Plaintiffs Bench Mark Potato Co., Inc., CH Robinson Worldwide, Inc., and Leone Pizzini & Sons, Inc. failed to respond to this court's February 9, 2009 order requesting that the parties with pending claims respond as to the status of the pending claims within ten days. The court warned the parties that if no response was received, the court would dismiss the remaining claims for failure to prosecute. Having received no response, the court dismisses Bench Mark Potato Co., Inc., CH Robinson Worldwide, Inc., and Leone Pizzini & Sons, Inc.'s claims against the Defendants for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. 1 IT IS SO ORDERED. s/Henry M. Herlong, Jr. United States District Judge March 18, 2009 Greenville, South Carolina 2

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