Free Order to Answer - District Court of Colorado - Colorado

Case 1:02-cv-01841-MSK-MJW

Document 109

Filed 12/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 02-cv-01841-MSK-MJW UNITED STATES OF AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, More or Less, Situated in La Plata County, Colorado, STATE OF COLORADO, LA PLATA COUNTY TREASURER, LA PLATA, COLORADO, COLORADO TELEPHONE COMPANY, MESA GRANDE GAS COMPANY, COLORADO-UTE ELECTRIC ASSOCIATION, INC., BOARD OF COUNTY COMMISSIONERS, LA PLATA COUNTY, COLORADO, PEOPLES NATURAL GAS COMPANY, NORTHWEST PIPELINE CORPORATION, ENTERPRISE PRODUCTS PARTNERS L.P., ATMOS ENERGY CORPORATION, LA PLATA ELECTRIC ASSOCIATION, INC., and UNKNOWN OWNERS, Defendants.

ORDER TO SHOW CAUSE WHY CLAIMS SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

THIS MATTER came before the Court on November 15, 2006 for a Final Pretrial Conference. At that hearing, the Court ordered the parties to submit a revised Proposed Final Pretrial Order by November 27, 2006 (#103). None has been submitted. The Court also ordered that the Plaintiff file acceptances of service for any Defendants who had not yet been served with the Fourth Amended Complaint by November 27, 2006. The Court has received waivers of

Case 1:02-cv-01841-MSK-MJW

Document 109

Filed 12/11/2006

Page 2 of 2

service by four Defendants,1 and disclaimers by two Defendants.2 However, the Plaintiff has filed no waivers for the remaining Defendants, and indeed, there is nothing in the record demonstrating that Defendant Enterprise Products Partners, L.P., has ever been served with any Complaint. Pursuant to Fed. R. Civ. P. 41(b), the Court may dismiss a plaintiff' claims for failure to s prosecute or for failure to comply with any order. In accordance with D.C.COLO.LCivR 41.1, IT IS ORDERED that the parties shall SHOW CAUSE on or before December 15, 2006, why the Plaintiff' claims should not be dismissed under Fed. R. Civ. P. 41(b). s Dated this 8th day of December, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

Colorado-Ute Electric Association, Inc.; Board of County Commissioners, La Plata County, Colorado; Northwest Pipeline Corporation; and La Plata Electric Association, Inc. La Plata County Treasurer; Board of County Commissioners, La Plata County, Colorado. 2
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