Williams v. ITT Educational Services Inc et al

Filing 18

ORDER dismissing this case without prejudice pursuant to Local Rule 5.5(c)(2). ITT's request for costs and fees is denied. Signed by Judge Kristine G. Baker on 2/1/2013. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ERICA WILLIAMS
v.

PLAINTIFF
Case No. 4:12-cv-32-KGB

ITT EDUCATIONAL SERVICES,
INC., d/b/a ITT TECHNICAL INSTITUTE,
TOM OLSEN AND WENDY ANDERSON

DEFENDANTS

ORDER OF DISMISSAL
By Order dated October 9, 2012, the Court directed plaintiff Erica Williams to file a
status report within 30 days containing information regarding whether she had hired new counsel
or wished to proceed pro se and regarding the status of outstanding discovery due to defendants
(Dkt. No. 13). Ms. Williams did not respond. By Order dated December 7, 2012, the Court
again directed Ms. Williams to file a status report by January 7, 2013, therein responding to the
Court’s Order dated October 9, 2012 (Dkt. No. 14). The Court warned Ms. Williams that failure
to comply with the Court’s Orders could result in her case being dismissed without prejudice
pursuant to Local Rule 5.5(c)(2). Ms. Williams did not respond and has not otherwise contacted
the Court.
The Court finds that this case should be and hereby is dismissed without prejudice
pursuant to Local Rule 5.5(c)(2).
Defendant ITT Educational Services, Inc., d/b/a ITT Technical Institute (“ITT”) has
moved to dismiss this case citing the Court’s two prior warnings to Ms. Williams that her case
could be dismissed if she did not respond to the Court’s Orders (Dkt. No. 16). ITT also requests
that the Court award it costs and fees. For the reasons discussed above, this case is dismissed
without prejudice pursuant to Local Rule 5.5(c)(2). ITT’s request for costs and fees is denied.

SO ORDERED this the 1st day of February, 2013.

____________________________________
Kristine G. Baker
United States District Judge

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