COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)IN THE DISTRICT COURT OF COUNTY, NEBRASKA ,Case No. Plaintiff(s),vs.DISMISSAL FOR FAILURE TO PROSECUTE DILIGENTLY ,Defendant(s).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .THE PEOPLE OF THE STATE OF NEW YORK TODATE OF HEARING:.APPEARANCES:For plaintiff(s):[ ] None. [ ]. For defendant(s):[ ] None. [ ].GREETINGS:SUBJECT OF ORDER:Warning of dismissal for lack of prosecution.WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the HonorableFINDINGS:The Court finds that: (1) a warningthat the pleading(s)described,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roombelow would be dismissed for failure to prosecute diligently was entered and served on the appropriate party(ies); (2) the party(ies) warned did not perform any of the specified acts stated in the warning or make any showing that the matter was beingprosecuted diligently;and, (3) the pleading(s)is/are not being prosecuted with reasonable diligence and should be dismissed. ORDER:Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.IT IS THEREFORE ORDERED that:1.The operative [ ]complaint, [ ]counterclaim, and/or [ ]cross-claim is/aredismissed without prejudice., one of the Justices of theCourt in Witness, Honorableday of, 20 County,2.[ ]Each party shall bear their own respective costs. [ ]Costs taxed to: [ ]plaintiff(s). [ ]defendant(s). [ ]Complete record not necessary.(Attorney must sign above and type name below)Signed ( [ ] in chambers) at , Nebraska, on ; DEEMED ENTERED upon file stamp date by court clerk.BY THE COURT:Attorney(s) forIf checked, the court clerk shall: [X] Mail a copy of this order to all counsel of record and any pro se parties.Office and P.O. AddressDone on , 20 by . [ ] If not already done, immediately transcribe trial docket entry dictated in open court. Done on , 20 by . [ ] Note the decision on the trial docket as: [date of filing] Signed Dismissal for Failure to Prosecute Diligently entered.Done on , 20 by .William B. Cassel District JudgeTelephone No.: Facsimile No.: E-Mail Address:Mailed to:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.com
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