Birchman et al v United States of America, No. 1:2019cv00128 - Document 22 (N.D. Ind. 2021)
Court Description: OPINION AND ORDER GRANTING 19 MOTION to Dismiss Plaintiff's Complaint For Failure To Prosecute by Defendant United States of America. The CLERK is directed to DISMISS this case and enter judgment in favor of the Defendant. Signed by Judge Holly A Brady on 1/22/2021. (lhc)
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Birchman et al v United States of America Doc. 22 USDC IN/ND case 1:19-cv-00128-HAB-SLC document 22 filed 01/22/21 page 1 of 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION PAUL BIRCHMAN and KATHY BIRCHMAN ) ) ) Plaintiff, ) ) v. ) CASE NUMBER: 1:19 CV 0128-HAB ) UNITED STATES OF AMERICA, ) ) Defendant. ) ________________________________________ ) OPINION AND ORDER This matter is before the Court subsequent to an Opinion and Order entered on January 6, 2021, wherein the Court directed the Plaintiffs to show cause why this case should not be dismissed for failure to prosecute and failure to comply with the discovery process. (ECF No. 21). Plaintiffs were ordered to respond on or before January 20, 2021, and were warned that a failure to respond would result in dismissal of the action without further notice. The time to respond has now passed with no response from the Plaintiffs. Accordingly, the Defendant’s Motion to Dismiss Plaintiffs’ Complaint for Failure to Prosecute (ECF No. 19) is GRANTED. The CLERK is directed to DISMISS this case and enter judgment in favor of the Defendant. SO ORDERED on January 22, 2021. s/ Holly A. Brady JUDGE HOLLY A. BRADY UNITED STATES DISTRICT COURT Dockets.Justia.com
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