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Emergency Services Restoration, Inc. v. Smith

August 18, 2010

EMERGENCY SERVICES RESTORATION, INC.
v.
LEE ANN SMITH, ET AL.



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank, U.S. District Judge

CIVIL MINUTES -- GENERAL

PROCEEDINGS (IN CHAMBERS): COURT ORDER DISMISSING ACTION

On July 2, 2010, the Court denied Plaintiff's initial Motion For Default Judgment. Dkt. 14.

On July 20, 2010, the Court set an Order To Show Cause Re Default Judgment ("OSC") on the non-appearance calendar for August 16, 2010 at 8:30 a.m. Dkt. 16. The Court stated: "If a motion for entry of default judgment is filed prior to this date, the matter will be taken off calendar. . . Failure to respond to this OSC may result in dismissal for failure to prosecute."

As of the date of this Order, Plaintiff has not filed a second motion for default judgment or otherwise responded to the OSC.

This action is hereby DISMISSED, in its entirety, for Plaintiff's failure to prosecute. See Fed. R. Civ. P. 41(b).

20100818

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