Opinion
11951-17
06-17-2022
ORDER TO SHOW CAUSE
Elizabeth Crewson Paris Judge
This case is before the Court on respondent's Motion to Dismiss for Failure to Properly Prosecute filed October 23, 2019. On December 4, 2019, the Court ordered petitioner to show cause in writing with the Court on or February 3, 2020, why this case should not be dismissed for failure to properly prosecute and a decision entered against petitioner for the amount and year set forth in respondent's motion. The Court's Order to Show Cause was set for hearing on respondent's Motion to Dismiss for Failure to Properly Prosecute at the February 3, 2020, Birmingham, Alabama remote trial session of the Court. There was no appearance by or on behalf of petitioner. Counsel for respondent appeared and was heard. This case was recalled on February 3, 2020. Petitioner appeared and was heard. Counsel for respondent appeared and was heard. The Court's Order to Show Cause was taken under advisement and the Court lodged the Stipulation of Facts. The Court ordered the parties to submit decision documents or file reports with the Court as to the then present status of this case. On July 1, 2021, petitioner filed a status report with the Court. On May 27, 2022, respondent filed a report with the Court as to the then present status of this case. To date, a written response to the Court's December 4, 2019, Order to Show Cause has not been received by or on behalf of petitioner, and petitioner is reminded that his case has been pending with this Court since 2017. After due consideration, it is
ORDERED that respondent's Motion to Dismiss for Failure to Properly Prosecute is set for Hearing at 10:00 a.m. (CST), on Monday, September 6, 2022, at the Birmingham, Alabama remote Trial Session of the Court. It is further
ORDERED that, on or before September 6, 2022, petitioner shall file a Stipulated Decision or a written response to this Order showing cause why this case should not be dismissed for failure to properly prosecute and a decision entered against petitioner for the amount and year set forth in respondent's motion. It is further
ORDERED that the Clerk of the Court shall also serve on the parties a Notice of Remote Proceeding that shall contain comprehensive instructions on how to participate in the above-referenced remote proceeding for the Court's September 6, 2022, Birmingham, Alabama trial session.
Petitioner is reminded that failure to properly prosecute your case could result in the granting of respondent's Motion to Dismiss for Failure to Properly Prosecute and a decision entered against petitioner for the amount and year set forth in respondent's motion.