Richard L. Puglisi United States Magistrate Judge
FINDINGS AND RECOMMENDATION TO DISMISS DEFENDANT LAYTON CONSTRUCTION CO., INC.'S CROSS-CLAIM AGAINST DEFENDANT IGD HOSPITALITY, INC.
On November 10, 2015, Defendant Layton Construction Co., Inc. ("Layton") filed a Cross-Claim against Defendant IGD Hospitality, Inc. ECF No. 13. Although Defendant IGD Hospitality, Inc. was served with Defendant Layton's Cross-Claim on December 3, 2015, see ECF No. 14, Defendant IGD Hospitality, Inc. did not file a response. Plaintiffs and Defendant Layton entered into a Stipulation for Dismissal of all claims against Defendant Layton on February 25, 2016. See ECF No. 26. That Stipulation expressly stated that Defendant Layton's Cross-Claim against Defendant IGD Hospitality, Inc. remained in this action. Id.
On March 16, 2016, this Court issued an Order noting that no action had been taken on Defendant Layton's Cross-Claim against Defendant IGD Hospitality, Inc. and directing Defendant Layton to file the appropriate request for default or to submit the appropriate dismissal documents no later than March 30, 2016. See ECF No. 27. Because Defendant Layton has failed to file a request for entry of default or to submit the appropriate dismissal documents, the Court FINDS and RECOMMENDS that Defendant Layton's Cross-Claim against Defendant IGD Hospitality, Inc. be dismissed pursuant to Federal Rule of Civil Procedure 41(c).
IT IS SO FOUND AND RECOMMENDED.
DATED AT HONOLULU, HAWAII, APRIL 4, 2016.
/s/_________
Richard L. Puglisi
United States Magistrate Judge