Opinion
No. 14-cv-0796 KK/SMV
01-20-2015
NEW MEXICO ELECTRICIANS RETIREMENT BENEFIT PLAN, MARIA GRANONE, and CARL CONDIT, Plaintiffs, v. COLLEEN SCHULTE, CANDICE SCHULTE, HUGO D. SCHULTE, and GABRIEL E. SCHULTE, Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Plaintiffs filed their Complaint in Interpleader against Defendants on September 3, 2014. [Doc. 1] at 1. Plaintiffs have failed to take any steps to prosecute their claims against Defendant Colleen Schulte in 114 days, or since serving her with process on September 24, 2014. See [Doc. 5] (Plaintiffs' returns of service). Accordingly, Plaintiffs must show good cause within 30 days why their claims against Defendant Colleen Schulte should not be dismissed without prejudice pursuant to D.N.M.LR-Civ. 41.1 (allowing for dismissal where the plaintiff takes no steps to move its case forward for 90 days).
IT IS THEREFORE ORDERED that Plaintiff show cause no later than Thursday, February 19, 2015, why their claims against Defendant Colleen Schulte should not be dismissed without prejudice for failure to prosecute under D.N.M.LR-Civ. 41.1.
IT IS SO ORDERED.
/s/_________
STEPHAN M. VIDMAR
United States Magistrate Judge