govinfo:USCOURTS-ksd-6_25-cv-01168-2

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS 
 
 
 
ROBERTA NEELY, ) 
 ) 
 Plaintiff, ) 
 ) 
v ) Case No.: 25-1168-EFM 
 ) 
ALTIUM PACKAGING, ) 
 ) 
 Defendant. ) 
____________________________________) 
 
ORDER 
 
 Plaintiff through counsel filed a Petition in the Eighteenth Judicial District, Sedgwick 
County, Kansas, on July 9, 2025. Defendants remove d the case to federal court on August 4, 
2025. On February 2, 2026, Plaintiff’s counsel file d a motion to withdraw as counsel, notifying 
the Court that Plaintiff has terminated their services. Counsel was ultimately allowed to withdraw 
on February 23, 2026. The Order allowing withdrawal cautioned Plaintiff that she was expected 
to continue to participate in this case and meet deadlines whether she proceeded pro se or retained 
new counsel. Nevertheless, Plaint iff failed to participate in th e case thereafter. Ultimately, the 
Court issued an Order to Show Cause on April 28 why this case should not be dismissed for failure 
to prosecute (Doc. 48). The Order explained her numerous failure to partic ipate, and gave her a 
deadline of May 14 to show why the case should not be dismissed. The Order cautioned that 
failure to respond would result in the United States Magistrate Judge recommending that the case 
be dismissed. 
 Plaintiff did not respond by May 14. Therefore, on May 18 the United States Magistrate 
Judge issued a Report and Recommendation (R&R) that the case be dismissed for failure to 

2 
 
prosecute. The R&R gave Plaintiff fourteen days from of service in which to file objections. The 
R&R was sent to her by certified mail and regular mail. The Certified Mail receipt was returned 
executed evidencing receipt on May 26, 2026. Fourt een days have passed and no response has 
been made or objections filed. 
 IT IS THEREFORE ORDERED that the R&R is adopted by the District Court, and that 
the case is dismissed for failure to prosecute. 
 IT IS SO ORDERED. 
This case is closed
. 
 Dated this 10th day of June, 2026. 
 
 
 
 E R I C F . M E L G R E N 
 SENIOR UNITED STATES DISTRICT JUDGE 
 

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