Opinion
20-10298
07-21-2021
MARY COLE, Plaintiff, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant.
ORDER (1) VACATING ORDER TO SHOW CAUSE (ECF No. 6) AND (2) DISMISSING PLAINTIFF'S COMPLAINT WITHOUT PREJUDICE
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On February 5, 2020, Plaintiff Mary Cole filed this action against Defendant Lincoln National Life Insurance Company (“Lincoln”). (See Compl., ECF No. 1.) Cole claimed that Lincoln had failed to pay her due and owing long-term disability benefits. (See id.)
On March 31, 2020, the parties jointly informed the Court that they were involved in settlement discussions, and they asked the Court to extend the time for Lincoln to respond to the Complaint until April 23, 2020. (See Mot., ECF No. 3.) The Court granted that extension on April 1, 2020. (See Order, ECF No. 4.)
Lincoln never filed a response to the Complaint, and the Court has not heard from the parties in more than a year. Accordingly, on July 1, 2021, the Court ordered Cole to show cause, by no later than July 15, 2021, why her Complaint should not be dismissed without prejudice for failure to prosecute (the “Show Cause Order”). (See Show Cause Order, ECF No. 6.) The Court warned Cole that her failure to respond to the Show Cause Order “may result in [the] dismissal of [her] case” under Local Rule 41.2. (Id.)
Cole has not responded to the Show Cause Order. Nor has she contacted the Court to seek additional time to respond. Therefore, because Cole has failed to comply with the Show Cause Order and failed to prosecute her case, IT IS HEREBY ORDERED that (1) the Show Cause Order (ECF No. 6) is VACATED and (2) Cole's Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE.