Opinion
21-cv-08654-BLF
06-22-2023
STJEPAN NOVOSELAC, et al., Plaintiffs, v. ISM VUZEM D.O.O., et al., Defendants.
ORDER DISMISSING ACTION AS TO PLAINTIFF MARIJAN LAZAR WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE
BETH LABSON FREEMAN United States District Judge
On June 7, 2023, the Court issued an Order to Show Cause Re Dismissal as to Plaintiff Marijan Lazar. See OSC, ECF 67. The Court noted that the Clerk entered default against the four remaining defendants; the Court set a deadline for Plaintiffs to file any motions for default judgment; three of the four plaintiffs filed a timely motion for default judgment; and the fourth plaintiff, Marijan Lazar (“Lazar”), did not join that motion or otherwise seek default judgment. See id. The Court directed Lazar to show cause why the action should not be dismissed as to Lazar for failure to prosecute.
On June 21, 2023, Plaintiffs' counsel filed a Conditional Non-Opposition to Order to Show Cause, stating that counsel has lost effective communication with Lazar. See Conditional NonOpposition, ECF 69. Counsel requests that any dismissal of Lazar be without prejudice.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE as to Plaintiff Marijan Lazar for failure to prosecute. See Fed.R.Civ.P. 41(b) (stating that a plaintiff's action may be dismissed for failure to prosecute or failure to comply with a court order).
IT IS SO ORDERED.