Opinion
Case Number 11-10894
10-05-2012
AMERICAN CONTRACTORS INDEMNITY, Plaintiff, v. QUALITY ASBESTOS et al., Defendants/Third-Party Plaintiffs, v. RAFE ST. PETER, Third-Party Plaintiff.
Honorable Thomas L. Ludington
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS/THIRD-
PARTY PLAINTIFFS' MOTION TO EXTEND SHOW CAUSE PERIOD
On March 7, 2011, Plaintiff American Contractors Indemnity filed a complaint against Defendants/Third-Party Plaintiffs Quality Asbestos & Demolition Services, LLC; Quality Built Pole Buildings, LLC; Quality Asbestos Abatement Services, LLC; TNS Equipment Leasing, Inc.; Thomas L. Vermeesch, in his individual capacity; and Thomas L. Vermeesch, doing business as Vermeesch Construction.
On June 9, 2012, Defendants/Third-Party Plaintiffs filed a third-party complaint against Third-Party Defendant Rafe St. Peter. On July 5, 2012, the clerk entered default against Third-Party Defendant, who answered the third-party complaint the same day. No action on the third-party complaint has been taken since.
On May 11, 2012, this Court entered an opinion and order granting Plaintiff's motion for summary judgment on its claims against Defendants/Third-Party Plaintiffs. The same day, the Court entered an order directing Defendants/Third-Party Plaintiffs to show cause in writing by May 18, 2012 why the third-party complaint should not be dismissed for lack of prosecution. On May 18, Defendants/Third-Party Plaintiffs requested entry of default against Third-Party Defendant Rafe St. Peter. Because against Third-Party Defendant had answered, the clerk denied entry of default.
A status conference on the third-party complaint was held on June 25. That day, a scheduling order was entered. In pertinent part, the order scheduled a settlement conference for September 27, 2012, at 4:00 pm. Neither party appeared at the settlement conference. The Court has the inherent power to dismiss a claim sua sponte for failure to prosecute. Link v. Wabash R.R. Co., 370 U.S. 626, 630-32 (1962).
On September 5, 2012, the Court entered a second show cause order directing Defendants/Third-Party Plaintiffs to show cause in writing on or before October 5, 2012, why the complaint should not be dismissed for failure to prosecute.
On September 5, Defendants/Third-Party Plaintiffs moved for a fourteen day extension to permit them time to file a motion for summary judgment. Defendants have been twice directed to show cause why the case should not be dismissed for failure to prosecute. Under the circumstances, a two week extension is not warranted.
Accordingly, it is ORDERED that Defendants/Third-Party Plaintiffs' motion to extend show cause period (ECF No. 78) is GRANTED IN PART AND DENIED IN PART.
It is further ORDERED that Defendants/Third-Party Plaintiffs are directed to SHOW CAUSE in writing on or before October 12, 2012, why the complaint should not be dismissed for failure to prosecute.
_________________
THOMAS L. LUDINGTON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on October 5, 2012.
Amanda Chubb for Tracy A. Jacobs
TRACY A. JACOBS