Free Order to Show Cause - District Court of Colorado - Colorado

Case 1:04-cv-00435-REB-MJW

Document 48

Filed 11/09/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 04-cv-00435-REB-MJW JON F. MCCLELLAND, on behalf of himself and all persons similarly situated, Plaintiff, v. DIRECTV, INC., et al., Defendants.

ORDER TO SHOW CAUSE Blackburn, J. The matter is before me sua sponte. Plaintiff filed his Complaint for damages and equitable relief on March 10, 2004. On December 9, 2004, I granted defendants' motion to compel arbitration and stayed the case. I directed the parties to file a status report regarding the arbitration proceedings following their anticipated completion on April 29, 2005. Plaintiff complied with that order by filing a Status Report [#25], on May 2, 2005. Plaintiff continued to comply with the order of the court by filing periodic status reports thereafter. On March 12, 2007, defendants filed DirecTv's Status Report [#43], noting that plaintiff had failed to undertake arbitration proceedings as required by my previous order. On July 10, 2007, defendants filed another status report, indicating that plaintiff still had not complied with my directive to proceed to arbitration. I construed this report as a motion to lift the stay in this case and directed plaintiff to file a response to the

Case 1:04-cv-00435-REB-MJW

Document 48

Filed 11/09/2007

Page 2 of 2

pleading thus construed subject to the deadlines provided by D.C.COLO.LCiv.R 7.1C. (Minute Order [#45], filed July 12, 2007.) No response has been filed to date. THEREFORE, IT IS ORDERED that by no later than close of business on November 19, 2007, plaintiff shall show cause in writing why this case should not be dismissed for failure to prosecute. Dated November 9, 2007, at Denver, Colorado. BY THE COURT:

s/ Robert E. Blackburn Robert E. Blackburn United States District Judge

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