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Civil Rights: Other | Illinois Southern
Memorandum & Opinion ~Util - Terminate Motions ~Util - Add and Terminate Parties
MEMORANDUM AND ORDER, granting 19 MOTION to Dismiss for Failure to State a Claim (Partial) filed by City of Metropolis, Illinois. Signed by Judge J. Phil Gilbert on 7/6/2026. (jdh)
Order to Show Cause
ORDER TO SHOW CAUSE: On May 28, 2026, Defendants filed a 22 Motion to Dismiss for Failure to State a Claim. The deadline for Plaintiff Gary Hamm to respond was June 29, 2026. SDIL-LR 7.1 (b)(1), (b)(1)(A); Fed. R. Civ. P. 6(a). No response or motion for leave to extend the response deadline has been received. Mr. Hamm has already been ordered to show cause once previously: on April 7, 2026, the Court ordered him to show cause why his case should not be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to file his magistrate jurisdiction consent form as ordered by the Court. (Doc. 13). While Mr. Hamm complied with that order by immediately filing the requested form, the Court is troubled by his counsel's repeated failures to comply with procedural rules and orders. Accordingly, Mr. Hamm is ORDERED TO SHOW CAUSE, in writing by July 13, 2026, why this case should not be dismissed for want of prosecution pursuant to Rule 41(b). Alternatively, Mr. Hamm may satisfy this Order by moving to extend the response deadline pursuant to Rule 6(b) by the same date. See Fed. R. Civ. P. 6(b)(1)(B) (requiring a showing of "excusable neglect" in addition to good cause for motions to extend made after the original time expires). Mr. Hamm is warned that a failure to comply with this Order will result in the dismissal of this case with prejudice. Show Cause Response due by 7/13/2026. Signed by Judge Nancy J. Rosenstengel on 7/6/2026. (kblo) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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