Opinion
Case No. 11-13837
01-25-2012
ROBERT GORDON, Receiver of Legisi Marketing Inc., et al., Plaintiff, v. BRIAN K. ZELENAK, Defendant.
HON. GEORGE CARAM STEEH
ORDER DISMISSING ORDER TO SHOW CAUSE [#5]
On January 4, 2012, this court entered an order to show cause why this case should not be dismissed for failure to prosecute. Plaintiff has filed a response to the order to show cause. In his response, plaintiff indicates that he has been contacted by a California attorney on behalf of defendant. Counsel for defendant has not appeared in this action, however plaintiff and defendant's counsel are attempting to negotiate a resolution of this matter. Plaintiff requests an additional forty-five (45) days within which to either conclude his negotiations with the defendant or move for entry of a default judgment if defendant does not file an answer to the complaint.
Accordingly,
This court's order to show cause [#5] is dismissed. On or before March 12, 2012, plaintiff shall file a stipulated order of dismissal or move for entry of default if defendant fails to file a written answer.
SO ORDERED.
_________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on January 25, 2012, by electronic and/or ordinary mail.
Marcia Beauchemin
Deputy Clerk