Free Order on Motion to Dismiss Case/Lack of Prosecution - District Court of Arizona - Arizona


File Size: 39.7 kB
Pages: 2
Date: August 17, 2005
File Format: PDF
State: Arizona
Category: District Court of Arizona
Author: unknown
Word Count: 273 Words, 1,649 Characters
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Preview Order on Motion to Dismiss Case/Lack of Prosecution - District Court of Arizona
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
STACEE RICHELLE DEEMER, )
) CIV 03-2083 PHX JWS
Plaintiff, )
vs. ; ORDER FROM CHAMBERS
PEORIA UNIFIED SCHOOL DISTRICT, g [RE: Motion at docket 20]
Defendant. g
l
At docket 20, defendant moves to for an order dismissing this case for lack of
prosecution and failure to comply with the orders of the court. The motion has not been
opposed.
Plaintiff Deemer filed this lawsuit on October 27, 2003. So far, plaintiff has
accomplished nothing beyond sewing the complaint, and even that was done outside
the time that would ordinarily be allowed under Fed. R. Civ. P. 4(m). Plaintiff’s most
recent shortcoming was her failure to comply with the court’s order at docket 19
requiring her to confer with defense counsel, so that the court could enter a scheduling
order to get this long delayed case moving forward.
The motion at docket 20 ably sets out the reasons why this case should be
dismissed. The court adopts the facts and authorities cited there by defendant. Based
Case 2:03—cv—02083-JWS Document 22 Filed 08/18/2005 Page 1 of2

on the record in this case, and in reliance on the persuasive arguments made by
defendant, the motion at docket 20 is GRANTED. This case is hereby DISMISSED
without prejudice.
DATED at Anchorage, Alaska this 16“‘ day of August 2005.
J%HN W. SEDWICK
UNITE STATES DISTRICT JUDGE
-2-
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